Subjects:

Practice & Procedure

Contents:

Introduction

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

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.