doctrine of merger

The doctrine of merger applies to judgments made in England, by English courts. A judgment in English proceedings extinguishes the claim upon which the judgment is based. So, when a court pronounces a judgment the cause of action and the claim cease to exist and merge with the judgment.  This principle has the effect of extinguishing the cause of action upon which the litigation proceeded, and rights new rights and obligations as stated in the judgment. The judgment thus operates as a bar to future litigation in respect to the same subject matter of the litigation, and the two defences per rem judicatum (i.e. cause of action estoppel and issue estoppel) may be raised to prevent such further litigation.

The very right or cause of action claimed or put in suit has in the first proceedings passed into judgment, so that it merged and has no longer an independent existence: Dixon J, Blair v Curran.

As a matter of private international law, the doctrine of merger does not apply to foreign judgments, however the Civil Jurisdiction and Judgments Act applies to render a similar effect to appropriate decisions of foreign courts, in addition to English common law principles of private international law.

Usage: The doctrine of merger applied to extinguish the disputes between the parties after judgment was pronounced in the court order.

Related Words: cause of action estoppel; issue estoppel; res judicata; litigation; locus standi; forum non conveniens; pleadings; privy; doctrine of privity; claim form; particulars of claim.