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Spencer Bower and Handley: Res Judicata 6th ed

ISBN13: 9781474330114
Previous Edition ISBN: 9781474313377
Published: February 2024
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Hardback
Price: £449.99

In stock.

The most authoritative and comprehensive book available on the limitations imposed by the doctrine of Res Judicata.

Part One deals with res judicata estoppel in its three forms: cause of action estoppel, issue estoppel and the binding force of a judgment when it is the foundation of a new action. The application of these principles in specific areas of the law and the plea of autrefois acquit in criminal cases are then considered. A chapter deals with affirmative answers.

Part Two deals with merger in judgment including its application in criminal cases under the plea of autrefois convict. Each Part concludes with a chapter on procedure. The final chapters deal with the extended doctrine of res judicata based on abuse of process and the doctrine of res judicata in Roman law.

The 6th edition will incorporate developments in England and Wales and in Commonwealth jurisdictions. Relevant decisions in the Supreme Court, the Privy Council, the High Court and decisions of the High Court of Australia will be covered.

Courts and Procedure
Table of Statutes
Table of Statutory Instruments
Table of European and International Legislation
Table of External Cases by Jurisdiction
Consolidated Table of Cases
1. Introduction
Part 1: Res Judicata Estoppel
2. What constitutes a res judicata
3. Proof of the judicial decision
4. Jurisdiction
5. Finality
6. Decision on the merits
7. Cause of action estoppel
8. Issue estoppel
9. Parties to decisions in personam
10. Parties: decisions in rem
11. Judgments as evidence
12. Road traffic cases
13. Taxation and rating
14. Autrefois acquit
15. Matrimonial proceedings
16. Administrative law and judicial review
17. Affirmative answers
18. Pleading and procedure
Part 2: Merger in Judgment
19. Merger in judgment
20. What constitutes a former recovery
21. Merger in judgment: identity of causes of action
22. Merger of judgment: identity of parties
23. Autrefois convict
24. Merger in judgment: affirmative answers
25. Merger in judgment: pleading and procedure
Part 3: The Extended and Roman Law Doctrines
26. The extended res judicata doctrine
27. Res judicata in Roman law etc

Series: Butterworths Common Law

The Law of Contract 7th ed
Edited by: Roger Halson
ISBN 9781474323291
Published December 2022
LexisNexis Butterworths
Spencer Bower and Handley: Res Judicata 5th ed ISBN 9781474313377
Published November 2019
LexisNexis Butterworths
Out of print
The Law of Contract 6th ed ISBN 9781474307208
Published December 2017
LexisNexis Butterworths
Out of print
Buckley: The Law of Negligence and Nuisance 6th ed ISBN 9781474307154
Published March 2017
LexisNexis Butterworths
Out of print
Carter-Ruck on Libel and Privacy 6th ed ISBN 9781405734523
Published December 2010
LexisNexis Butterworths
Borrie & Lowe: Law of Contempt 4th ed ISBN 9781405736879
Published September 2010
LexisNexis Butterworths
The Law of Damages 2nd ed ISBN 9781405751094
Published July 2010
LexisNexis Butterworths
The Law of Tort 2nd ed
Edited by: Ken Oliphant
ISBN 9781405712408
Published July 2007
LexisNexis Butterworths
Out of print
Law of Product Liability 2nd ed ISBN 9781405725361
Published March 2007
LexisNexis Butterworths
Out of print
The Law of Tort 3rd ed ISBN 9781405763448

LexisNexis Butterworths
Publication Abandoned
Law of Evidence ISBN 9780406987914

LexisNexis Butterworths
Publication Abandoned