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BIALL Supplier of the year 2014
Wildy & Sons Ltd, winner of the 2014 ‘BIALL Supplier of the Year Award’.

Res Judicata, Estoppel and Foreign Judgments

Subjects:
Conflict of Laws, Courts and Procedure
Contents:
I: INTRODUCTION
1. Foreign judgments and the doctrine of res judicata
II: THE PRECLUSIVE EFFECTS OF FOREIGN JUDGMENTS RECOGNISED IN ENGLAND AT COMMON LAW OR UNDER RELATED STATUTORY SCHEMES
2. Recognising the foreign judgment and verifying its status as a res judicata
3. The parties in the subsequent proceedings
4. Cause of action preclusion: cause of action estoppel and former recovery
5. Issue preclusion
6. The extended doctrine of res judicata based on abuse of process: the rule in Henderson v Henderson
III: THE PRECLUSIVE EFFECTS OF FOREIGN JUDGMENTS RECOGNISED IN ENGLAND UNDER INTERNATIONAL CONVENTIONS
7. The preclusive effects of judgments recognised under the Brussels and Lugano Conventions
8. The preclusive effects of judgments recognised under the proposed Hague Convention
IV: CONCLUSION
9. Conclusion

ISBN13: 9780199243396
ISBN: 0199243395
Published: March 2002
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £99.00



Low stock.

This clear and original book provides a much-needed analysis of the doctrines of res judicata and abuse of process as applied to foreign judgments recognized in England for their preclusive effect. In particular, it examines the four preclusive pleas which are encountered in practice, namely: (i) cause of action estoppel; (ii) issue estoppel; (iii) former recovery per section 34 of the Civil Jurisdiction and Judgments Act 1982; and (iv) the rule in Henderson v Henderson.

So far as foreign judgments are concerned, the book examines separately the preclusive effects of foreign judgments recognized according to the English common law and related statutory rules, and foreign judgments which the English courts are obliged to recognize under the Brussels and Lugano Conventions. It also includes a discussion of the preclusive effects of judgments recognized under the proposed Hague Convention on Jurisdiction and Foreign Judgments in civil and commercial matters.

Although the complex and technical doctrines of res judicata and abuse of process are well known in the context of domestic judicial decisions, little has hitherto been written analysing how these doctrines apply when the judgment emanates from a foreign court. It is not surprising, therefore, that this area of law has been frequently confused and mis-applied. And yet the recognition of foreign judgments for preclusive purposes is an increasingly important area for practitioners and academics - especially for those interested in international commercial litigation, and not least given the important treaty developments that are occurring. For these reasons, this book is a very timely work.

Written with a practitioner focus, it includes extensive references to res judicata authorities in the United Kingdom, Australia and Canada.



Series: Oxford Private International Law

Image not available Hagues Securities Convention ISBN 9780199211999 to be published March 2016 by Oxford University Press £155.00 - Due March 2016 
Cover of Choice-of-Court Agreements Under the European and International Instruments: The Revised Brussels I Regulation, the Lugano Convention, and the Hague Convention Choice-of-Court Agreements Under the European and International Instruments: The Revised Brussels I Regulation, the Lugano Convention, and the Hague Convention ISBN 9780199218028
published August 2013
Oxford University Press
£110.00 
Cover of Choice-of-Court Agreements Under the European and International Instruments: The Revised Brussels I Regulation, the Lugano Convention, and the Hague Convention (eBook) Choice-of-Court Agreements Under the European and International Instruments: The Revised Brussels I Regulation, the Lugano Convention, and the Hague Convention (eBook) ISBN 9780191503238
published August 2013
Oxford University Press
£91.67 
(ePub)
Cover of Choice-of-Court Agreements Under the European and International Instruments: The Revised Brussels I Regulation, the Lugano Convention, and the Hague Convention (eBook) Choice-of-Court Agreements Under the European and International Instruments: The Revised Brussels I Regulation, the Lugano Convention, and the Hague Convention (eBook) ISBN 9780191503221
published August 2013
Oxford University Press
£91.67 
(PDF)
Cover of Freedom of Establishment and Private International Law for Corporations (eBook) Freedom of Establishment and Private International Law for Corporations (eBook) ISBN 9780191638138
published March 2012
Oxford University Press
£79.17 
(ePub)
Cover of Freedom of Establishment and Private International Law for Corporations Freedom of Establishment and Private International Law for Corporations ISBN 9780199698042
published March 2012
Oxford University Press
£110.00 
Cover of Freedom of Establishment and Private International Law for Corporations (eBook) Freedom of Establishment and Private International Law for Corporations (eBook) ISBN 9780191638121
published March 2012
Oxford University Press
£82.50 
(PDF)
Cover of Substance and Procedure in Private International Law (eBook) Substance and Procedure in Private International Law (eBook) ISBN 9780191629365
published March 2012
Oxford University Press
£91.67 
(ePub)
Cover of Substance and Procedure in Private International Law (eBook) Substance and Procedure in Private International Law (eBook) ISBN 9780191629358
published March 2012
Oxford University Press
£100.00 
(PDF)
Cover of Substance and Procedure in Private International Law Substance and Procedure in Private International Law ISBN 9780199532797
published March 2012
Oxford University Press
£127.50 
Cover of Employment Contracts In Private International Law Employment Contracts In Private International Law ISBN 9780199591046
published November 2011
Oxford University Press
£110.00 
Cover of Employment Contracts In Private International Law (eBook) Employment Contracts In Private International Law (eBook) ISBN 9780191632075
published November 2011
Oxford University Press
£82.50 
(ePub)
Cover of The Arrest of Ships in Private International Law The Arrest of Ships in Private International Law ISBN 9780199581351
published November 2011
Oxford University Press
£110.00 
Cover of The Arrest of Ships in Private International Law (eBook) The Arrest of Ships in Private International Law (eBook) ISBN 9780191028434
published November 2011
Oxford University Press
£82.50 
(PDF)
Cover of Intellectual Property and Private International Law Intellectual Property and Private International Law 2nd ed ISBN 9780199556588
published February 2011
Oxford University Press
£220.00 
Cover of Intellectual Property and Private International Law (eBook) Intellectual Property and Private International Law 2nd ed (eBook) ISBN 9780191028458
published February 2011
Oxford University Press
£175.00 
(PDF)
Cover of The Anti-Suit Injunction with 1st Supplement The Anti-Suit Injunction with 1st Supplement ISBN 9780199589807
published November 2010
Oxford University Press
£175.00 
Cover of The Anti-Suit Injunction Updating Supplement The Anti-Suit Injunction Updating Supplement ISBN 9780199588473
published November 2010
Oxford University Press
£45.99 
Cover of Cross-Border Divorce Law: Brussels II Bis Cross-Border Divorce Law: Brussels II Bis ISBN 9780199581191
published October 2010
Oxford University Press
£125.00 
Cover of The Rome II Regulation: The Law Applicable to Non-Contractual Obligations: Updating Supplement The Rome II Regulation: The Law Applicable to Non-Contractual Obligations: Updating Supplement ISBN 9780199588466
published June 2010
Oxford University Press
£55.00 
Cover of The Rome II Regulation: The Law Applicable to Non-Contractual Obligations: Updating Supplement (eBook) The Rome II Regulation: The Law Applicable to Non-Contractual Obligations: Updating Supplement (eBook) ISBN 9780191616341
published June 2010
Oxford University Press
£41.67 
(PDF)
Cover of The Rome II Regulation: The Law Applicable to Non-Contractural Obligations with Updating Supplement The Rome II Regulation: The Law Applicable to Non-Contractural Obligations with Updating Supplement ISBN 9780199589791
published June 2010
Oxford University Press
£240.00 
Cover of The Anti-Suit Injunction The Anti-Suit Injunction ISBN 9780199287321
published October 2008
Oxford University Press
Out of print 
Cover of Cross-Border Consumer Contracts Cross-Border Consumer Contracts ISBN 9780199276547
published September 2008
Oxford University Press
£125.00 
Cover of Agreements on Jurisdiction and Choice of Law Agreements on Jurisdiction and Choice of Law ISBN 9780199282302
published March 2008
Oxford University Press
£215.00 
Cover of Civil Jurisdiction Rules of the EU and their Impact on Third States Civil Jurisdiction Rules of the EU and their Impact on Third States ISBN 9780199228577
published January 2008
Oxford University Press
£115.00 
Cover of Conflict of Laws Within the UK Conflict of Laws Within the UK ISBN 9780199202454
published October 2007
Oxford University Press
£105.00 
Cover of Insolvency in Private International Law: 1st Supplement to 2nd ed Insolvency in Private International Law: 1st Supplement to 2nd ed ISBN 9780199288731
published March 2007
Oxford University Press
£30.99 
Cover of Insolvency in Private International Law 2nd ed with 1st Supplement Insolvency in Private International Law 2nd ed with 1st Supplement ISBN 9780199214952
published March 2007
Oxford University Press
£215.00 
Cover of The Transfer of Property in the Conflict of Laws The Transfer of Property in the Conflict of Laws ISBN 9780199271474
published October 2005
Oxford University Press
£110.00 
Cover of International Sale of Goods in the Conflict of Laws International Sale of Goods in the Conflict of Laws ISBN 9780199244690
published January 2005
Oxford University Press
£295.00 
Cover of Choice of Law for Equitable Doctrines Choice of Law for Equitable Doctrines ISBN 9780199274925
published September 2004
Oxford University Press
£120.00 
Cover of Procedural Law in International Arbitration Procedural Law in International Arbitration ISBN 9780199249480
published March 2004
Oxford University Press
£120.00 
Cover of Foreign Law in Civil Litigation: A Comparative and Functional Analysis Foreign Law in Civil Litigation: A Comparative and Functional Analysis ISBN 9780199264766
published January 2004
Oxford University Press
£135.00 
Cover of Forum Shopping and Venue in Transnational Litigation Forum Shopping and Venue in Transnational Litigation ISBN 9780199248186
published June 2003
Oxford University Press
£110.00 
Cover of Shares and Other Securities in the Conflict of Laws Shares and Other Securities in the Conflict of Laws ISBN 9780199256136
published March 2003
Oxford University Press
£120.00 
Cover of Cross-border Enforcement of Patent Rights Cross-border Enforcement of Patent Rights ISBN 9780199249695
published September 2002
Oxford University Press
£105.00 
Cover of Corporations in Private International Law Corporations in Private International Law ISBN 9780198299257
published March 2002
Oxford University Press
£115.00 
Cover of Enforcement of Judgments in Europe Enforcement of Judgments in Europe ISBN 9780198298199
published September 2001
Oxford University Press
£120.00 
Cover of Claims for Contribution and Reimbursement in an International Context Claims for Contribution and Reimbursement in an International Context ISBN 9780198268963
published October 2000
Oxford University Press
£110.00 
Cover of The Hague Convention on International Child Abduction The Hague Convention on International Child Abduction ISBN 9780198260646
published September 1999
Oxford University Press
£120.00 
Cover of Autonomy in International Contracts Autonomy in International Contracts ISBN 9780198262701
published March 1999
Oxford University Press
£105.00 
Cover of Foreign Law in English Courts: Pleading, Proof and Choice of Law Foreign Law in English Courts: Pleading, Proof and Choice of Law ISBN 9780198258780
published June 1998
Oxford University Press
£112.50 
Cover of Declining Jurisdiction in Private International Law Declining Jurisdiction in Private International Law ISBN 9780198259596
published August 1995
Oxford University Press
£120.00 

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