Publication Type

Journal Article

Publication Date

3-2017

Abstract

This paper discusses theapplication of the concept of issue estoppel to consent judgments. Four HighCourt decisions have reached conflicting conclusions on this topic and createdconsiderable conceptual difficulties. The paper discusses the underlyingreasons for the differences in these decisions, focusing on the dissonancebrought about by the conventional policies underlying issue estoppel and the differingpolicy concerns applying to consent judgments. The paper recommends that thecourts take into account the unique nature of consent judgments, and use amodified test of issue estoppel for consent judgments. It also suggests thatthe extended doctrine of res judicatais much more appropriate for consent orders.

Keywords

res judicata, issue estoppel, cause of action estoppel, settlement, consent judgments, consent orders

Discipline

Courts | Dispute Resolution and Arbitration

Research Areas

Commercial Law; Dispute Resolution; Others

Publication

Singapore Journal of Legal Studies

Issue

1

First Page

100

Last Page

123

ISSN

0218-2173

Publisher

National University of Singapore

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

Share

COinS