Jonathan Chu, "Debt, Judgment, and Security: English and German Approaches to Preclusion"

Jonathan Chu will present his paper, co-authored with Felix Pollmann of Universität Münster, on "Debt, Judgment, and Security: English and German Approaches to Preclusion". "Preclusion" here refers to the ways in which litigation can preclude subsequent legal proceedings, whether through res judicata or otherwise. The abstract is below.

We will begin at 12:45 with sandwiches and the presentation will begin at 13:00. Those attending in person are asked to RSVP Lionel Smith by 23 February 2026 for catering purposes and to receive a copy of the paper.

This is a hybrid event:

Microsoft Teams meeting

Join: https://teams.microsoft.com/meet/31634254202817?p=5i0QSlsubuTVoxOGzM

Meeting ID: 316 342 542 028 17

Passcode: ka6gL6AT 

Abstract: This paper compares English and German law in the context of a creditor who has recovered money judgment for part of a contractual debt and then seeks either to sue for the balance or to enforce a pre-existing security. Under English law, a second action for the balance is precluded by the doctrine of merger, but this paper shows that merger is a procedural bar rather than a substantive rule that extinguishes the underlying debt—a point demonstrated most clearly by the position of a secured creditor. On the other hand, while German law is generally tolerant of claim splitting, it nevertheless contains several mechanisms—drawn from the res judicata doctrine and beyond—which may, in certain circumstances, preclude a second action for the balance. This comparative study reveals that, not only do the two systems diverge in how they secure finality in litigation, but they may also—at a more basic level—understand that very principle differently.