Civil Jurisdiction and Judgments
Declaratory judgment on merits of dispute
The final issue to consider, when dealing with wrongful litigation and the response to it, is the seeking of a pre-emptive ruling and declaration (which may be asked for in negative form) on the merits of the substantive dispute. The purpose would be to create a res judicata shield against any judgment which might be obtained by the opposite party in another court. This, by contrast with the anti-suit injunction, will involve the English court adjudicating and ruling on the merits of the claim; the decision may make the merits res judicata in the eyes of a foreign court as well as in England. By further contrast, it will take much longer to obtain than will an anti-suit injunction.