sword to found a cause of action. It can be the basis of a
cause of action. [662 D-E, 663 E-F].
There ... Therefore, despite the fact that allowing promissory
estoppel to found a cause of action would seriously dilute
the principle which requires consideration to support
House of Lords noticed the distinction between cause of action estoppel
and issue estoppel. Cause of action estoppel arises where the cause of
action ... cause of
action has been litigated and decided and in subsequent proceedings between
the same parties involving a different cause of action to which
award-holder that this
application is barred by issue estoppel, cause of action estoppel and
constructive res judicata, however, an opportunity was given ... application is not
maintainable on the ground of res judicata estoppel, cause of action
estoppel and/or principles analogous thereto. It is submitted that
been pointed out that res judicata is a species of
principle of estoppel. It is enunciated in the said
reported judgment as follows ... estoppel. When a
proceeding based on a particular cause of
W.P.(C) No.35050 of 2025 Page 40 of 50
action has attained finality
House of Lords noticed the
distinction between cause of action estoppel and issue
estoppel. Cause of action estoppel arises where the cause
of action ... cause of action has been
litigated and decided and in subsequent proceedings
between the same parties involving a different cause of
action to which
estoppel viz. estoppel by accord.
PC No. 54/09 Page 26 of 33
However, the doctrine of "issue estoppel" as also "cause ... have averred that they are having a
cause of action in their favour. Therefore the cause of
action/issue which has been propounded
action nor can they litigate any issue which was
necessary for decision in the earlier litigation. These two
aspects are 'cause of action estoppel ... House of Lords noticed the
distinction between cause of action estoppel and issue
estoppel. Cause of action estoppel arises where the cause
of action
distinction between cause of action
estoppel and issue estoppel: (All ER
pp. 46 C-E and 47 C-D)
"Cause of action estoppel
arises ... cause of
action has been litigated and decided
and in subsequent proceedings
between the same parties involving a
different cause of action to which
decision. These two aspects are
sometimes distinguished as „cause of
action estoppel‟ and „issue estoppel‟."
CS(OS) 3314/2011 Page ... action nor can they litigate any issue
which was necessary for decision in the earlier
litigation. These two aspects are "cause of
action estoppel
between "cause of action" "estoppel" and "issue estoppel". Cause of action estoppel arises where the cause of action ... cause of action has been litigated and decided and in subsequent proceedings between the same parties involving a different cause of action to which
