Spencer Bower and Handley: Res Judicata

Year:

Spencer Bower and Handley: Res Judicata, 5th Edition is the most authoritative and thorough work on the restrictions imposed by the Res Judicata doctrine.

Part One delves into the three types of res judicata estoppel: cause of action estoppel, issue estoppel, and the binding effect of a judgment when it serves as the basis for a new action. The application of these concepts to specific areas of law, as well as the use of the autrefois acquit plea in criminal cases, are next discussed. A chapter is dedicated to affirmative responses.

Part 2 discusses merger in judgment, as well as its use in criminal cases including the plea of autrefois convict. A chapter on procedure finishes each Part. The enlarged doctrine of res judicata based on abuse of process and the doctrine of res judicata in Roman law are discussed in the last chapters.

This book covers important case law from Hong Kong, Malaysia, Singapore, and South Africa, among others. There is also commentary on EU legislation, such as the Insolvency Regulation (1346/2000), which governs the jurisdiction and recognition of judgments in insolvency proceedings, Council Regulation No 44/2001, which governs the jurisdiction, recognition, and enforcement of judgments in civil and commercial matters, and Council Regulation No 2201/2003, which governs the jurisdiction, recognition, and enforcement of matrimonial judgments.

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