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from Part III - Joinder
Published online by Cambridge University Press: 10 October 2019
This chapter explains in detail how the doctrine of estoppel by res judicata operates in conjunction with equitable assignments of equitable choses in action so as to lead to the result that joinder of the assignor in such proceedings is not absolutely necessry, though it may be prudent and advisable to do so. It explains the difference between the recognition of a doctrine, and its enforcement. In particular, it highlights how, since an equitable assignment is an equitable doctrine, a court acting within its equitable jurisdiction would not only recognise its operation, but would also be in a position to grant equitabel remedies to enforce the entitements arising by reason of such equitable doctrine.
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