Subjects:

Practice & Procedure

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.

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.