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SINGAPORE JOURNAL OF LEGAL STUDIES

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    Issue Estoppel Created by Consent Judgments: Dissonance Between the Principles Underlying Settlements and Court Decisions

    Citation: [2017] Sing JLS 100
    This article discusses the application of the concept of issue estoppel to consent judgments. Four High Court decisions have reached conflicting conclusions on this topic and created considerable conceptual difficulties. The article discusses the underlying reasons for the differences in these decisions, focusing on the dissonance brought about by the conventional policies underlying issue estoppel and the differing policy concerns applying to consent judgments. The article recommends that the courts take into account the unique nature of consent judgments, and use a modified test of issue estoppel for consent judgments. It also suggests that the extended doctrine of res judicata is much more appropriate for consent orders.
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