Evidence- issue estoppel Mcllkenny v. Chief Constable, ((1980)2 All ER 227) The accused alleged in the criminal proceedings that he was assaulted by police officers to procure confession while in custody. But the assault was not proved and the accused convicted. Civil proceedings were also initiated by the accused against the police officers claiming damages for assault. The questions arose as to whether "issue estoppel" will apply and whether the civil action is an abuse of process of court. It was held that the plaintiffs were estopped from raising in their action against the chief constable the issue whether they had been assaulted by his police officers because that issue had already been finally determined against them by a court of competent jurisdiction in the criminal proceedings to which they were parties and in those proceedings they had a full and fair opportunity of presenting their case and in all the circumstances it would not be just to allow them to reopen the issue.