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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Spencer Bower and Handley: Res Judicata 4th ed isbn 9781405726733

Spencer Bower, Turner and Handley on The Doctrine of Res Judicata 3rd ed

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ISBN13: 9780406891563
ISBN: 0406891567
New Edition ISBN: 9781405726733
Published: January 1996
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Hardback
Price: Out of print

This is the most authoritative and comprehensive book available on the limitations imposed by the doctrine of Res Judicata. First published in the 1920s, the work was updated in 1996 to ensure 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.

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Courts and Procedure
Chapter 1 Preliminary
Chapter 2 What in law constitutes a res judicata
Chapter 3 Proof of the judicial decision
Chapter 4 Jurisdiction
Chapter 5 Finality
Chapter 6 Decision on the merits
Chapter 7 The subject matter of the judicial decision
Chapter 8 Parties I : judicial decision in personam;
Chapter 9 Parties II: judicial decision in rem
Chapter 10 The rule in Hollington v Hewthorn
Chapter 11 Running-down cases
Chapter 12 Taxation and rating cases
Chapter 13 The plea of autrefois acquit
Chapter 14 Res judicata estoppels in matrimonial
Chapter 15 Administrative law and judicial review
Chapter 16 Affirmative answers to prima facie case of estoppel
Chapter 17 Pleading and procedure
Chapter 18 Preliminary
Chapter 19 What constitutes a former recovery
Chapter 20 Merger in judgement: proof, jurisdiction and finality
Chapter 21 Merger in judgement:identity of causes of action
Chapter 22 Merger in judgement:identity of parties
Chapter 23 The plea of autrefois convict
Chapter 24 Merger in judgement: affirmative answers
Chapter 25 Merger in judgement: pleading and procedure
Chapter 26 The extended doctrine of res judicata
Appendix Res judicata in Roman law