Res Judicata Estoppel And Foreign Judgments
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Res Judicata Estoppel And Foreign Judgments
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Author : Peter R. Barnett
language : en
Publisher: Oxford Private International L
Release Date : 2001
Res Judicata Estoppel And Foreign Judgments written by Peter R. Barnett and has been published by Oxford Private International L this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
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 judgmentsrecognized 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 HagueConvention 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, thatthis 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 theimportant 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.
Finality In Litigation
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Author : Jacob B. van de Velden
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-04-15
Finality In Litigation written by Jacob B. van de Velden and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-15 with Law categories.
Ensuring finality in litigation (‘preclusion’) is a challenge. Res judicata and abuse of process are technical doctrines – traps for the unwary. The same doctrines can also be effective tools to avoid unnecessary or vexing duplicative proceedings or to determine how a case may affect the same or a related claim or issue in a subsequent case. This practitioner’s guide is a timely and comprehensive treatise on English law on the topic. It addresses the entire spectrum of preclusion issues arising in an English court: -the court functus officio – the finality of a judgment; -res judicata – merger of the cause of action, cause of action estoppel, and issue estoppel; -abuse of process – relitigation, Henderson v. Hendersonand collateral attack abuse; and -preclusion by foreign judgments. In a manner accessible to foreign lawyers, this book further offers a treatise of Dutch law that is of the same breadth and depth. It addresses all preclusion issues that may crop up in a Dutch court. Moreover, the cross-border context is considered – how domestic judgments fare abroad, how preclusion operates in the Brussels and Lugano regime, levels of preclusion set by European due process, and more. A contribution to conflicts theory, this book finally suggests improvements to the process of preclusion between jurisdictions, by clarifying the distinction between ‘recognition of’ foreign judgments and ‘preclusion by’ foreign judgments and by opening up a new field of choice of preclusion law. A first class work which will be of considerable interest to practitioners and scholars.’ –Lord Collins of Mapesbury former Justice of the UK Supreme Court and General Editor of Dicey and Morris on Conflict of Laws Jacob van de Velden practises international arbitration and litigation at De Brauw Blackstone Westbroek, a member of the Best Friends-network of law firms with Slaughter and May (UK), Bredin Prat (France), BonelliErede (Italy), Hengeler Mueller (Germany) and Uría Menéndez (Spain). He was a co-rapporteur for the International Law Association’s Committee on International Civil Litigation and a research fellow and director of the Private International Law programme at the British Institute of International and Comparative Law.
Res Judicata
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Author : K. R. Handley
language : en
Publisher: Lexis Nexis UK
Release Date : 2009
Res Judicata written by K. R. Handley and has been published by Lexis Nexis UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
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.This edition includes coverage of significant case law including cases from Hong Kong, Malaysia, Singapore and South Africa. There is also commentary on EU legislation including the Insolvency Regulation (1346/2000) dealing with the jurisdiction and recognition of judgments in insolvency proceedings, Council Regulation No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, and Council Regulation No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial proceedings.
A Treatise On The Law Of Judgments
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Author : Henry Campbell Black
language : en
Publisher:
Release Date : 1891
A Treatise On The Law Of Judgments written by Henry Campbell Black and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1891 with Judgments categories.
The Law Of Estoppel In British India
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Author : Arthur Caspersz
language : en
Publisher:
Release Date : 1893
The Law Of Estoppel In British India written by Arthur Caspersz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1893 with Estoppel categories.
A Treatise On The Law Of Estoppel
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Author : Melville M. Bigelow
language : en
Publisher: BoD – Books on Demand
Release Date : 2023-06-10
A Treatise On The Law Of Estoppel written by Melville M. Bigelow and has been published by BoD – Books on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-10 with Fiction categories.
Reprint of the original, first published in 1872.
A Treatise On The Law Of Estoppel And Its Application In Practice
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Author : Melville Madison Bigelow
language : en
Publisher:
Release Date : 1872
A Treatise On The Law Of Estoppel And Its Application In Practice written by Melville Madison Bigelow and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1872 with Estoppel categories.
A Treatise On The Law Of Estoppel And Its Application In Practice
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Author : Melville M. Bigelow
language : en
Publisher: BoD – Books on Demand
Release Date : 2024-03-12
A Treatise On The Law Of Estoppel And Its Application In Practice written by Melville M. Bigelow and has been published by BoD – Books on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-12 with Fiction categories.
Reprint of the original, first published in 1876.
A Treatise On The Law Of Estoppel And Its Application In Practice Second Edition
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Author : Melville Madison BIGELOW
language : en
Publisher:
Release Date : 1876
A Treatise On The Law Of Estoppel And Its Application In Practice Second Edition written by Melville Madison BIGELOW and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1876 with categories.
A Treatise On The Law Of Estoppel Or Of Incontestable Rights
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Author : Melville Madison Bigelow
language : en
Publisher:
Release Date : 1913
A Treatise On The Law Of Estoppel Or Of Incontestable Rights written by Melville Madison Bigelow and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1913 with Estoppel categories.