Spencer Bower, Turner and Handley - Res Judicata, 4th Edition

Publisher: LNUK
Format::  Book, 2
ISBN:: 9781405726733


This is the most authoritative and comprehensive book available on the limitations imposed by the doctrine of Res Judicata. First published in the 1920s, this frequently cited work ensures readers understand how the doctrine of Res Judicata is enforced and also how it does not apply. It gives essential information on what constitutes a Res Judicata decision, how judicial decisions apply in rem and in personam, in taxation and rating cases, in criminal cases (autrefois acquit), in matrimonial cases, in prima facie cases of estoppel and in merger judgments. The text is fully supported by extensive footnotes and appropriate cases to demonstrate each point.

Table of Contents

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


Ken Handley AO OStJ QC, formerly a Judge of the Court of Appeal of New South Wales

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