Spencer Bower and Handley: Res Judicata, 6th Edition

Author: The Honourable Mr Justice K R Handley; George Spencer Bower
Publisher: LexisNexis U.K.
ISBN: 9781474330114
Published In: February 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents
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The most authoritative and comprehensive book available on the limitations imposed by the doctrine of Res Judicata.

Part One deals with res judicata estoppel in its three forms: cause of action estoppel, issue estoppel and the binding force of a judgment when it is the foundation of a new action. The application of these principles in specific areas of the law and the plea of autrefois acquit in criminal cases are then considered. A chapter deals with affirmative answers.

Part Two deals with merger in judgment including its application in criminal cases under the plea of autrefois convict. Each Part concludes with a chapter on procedure. The final chapters deal with the extended doctrine of res judicata based on abuse of process and the doctrine of res judicata in Roman law.

The 6th edition will incorporate developments in England and Wales and in Commonwealth jurisdictions. Relevant decisions in the Supreme Court, the Privy Council, the High Court and decisions of the High Court of Australia will be covered.
PART 1 - Res judicata estoppel
1. Preliminary
2. What in law constitutes a res judicata
3. Proof of the judicial decision
4. Jurisdiction
5. Finality
6. Decision on the merits
7. The subject matter of the judicial decision
8. Parties I: judicial decisions in personam
9. Parties II: judicial decisions in rem
10. The rule in Hollington v Hewthorn
11. Running-down cases
12. Taxation and rating cases
13. The plea of autrefois acquit
14. Res judicata estoppels in matrimonial proceedings
15. Administrative law and judicial review
16. Affirmative answers to prima facie case of estoppel
17. Pleading and procedure

PART 2 - Merger in judgment
18. Preliminary
19. What constitutes a former recovery
20. Merger in judgment: proof, jurisdiction and finality
21. Merger in judgment: identity of causes in action
22. Merger in judgment: identity of parties
23. The plea of autrefois convict
24. Merger in judgment: affirmative answers
25. Merger in judgment: pleading and procedure
26. The extended doctrine of res judicata
27. Res judicata in Roman law
By The Honourable Mr Justice K R Handley, Judge of the Court of Appeal of New South Wales