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Onwuama v London Borough of Ealing




[2008] EWHC 1704 (QB)

2008-08-19

The application of the principle of res judicata was in the public interest; there must be a finality to litigation.  The application of that principle to cases involving s. 11 of the Landlord and Tenant Act 1985 was not incompatible with the ongoing nature of the duty.  There was no other reason why issue estoppel should not apply.  The claimant was estopped from reopening a factual issue that had already been determined against her.