By The Honourable Mr Justice K.R. Handley, George Spencer Bower
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.
Written by The Honourable Mr Justice K R Handley, Judge of the Court of Appeal of New South Wales, this is the most authoritative and comprehensive book available on the doctrine. It provides essential information on what constitutes a res judicata decision, how judicial decisions apply in rem and in personam, as well as in particular fields such as traffic cases, taxation, crime (autrefois acquit) and judicial review.
- Extensive coverage of cases from other Commonwealth jurisdictions and for the first time from Hong Kong, Malaysia, Singapore and South Africa;
- Updated content on the extensive case law in the UK since the last edition in 1996;
- Extensive footnotes and appropriate cases to establish and illustrate each point.
Part 1: Res judicata estoppel
2. What constitutes a res judicata
3. Proof of the judicial decision
6. Decision on the merits
7. Cause of action estoppel
8. Issue estoppel
9. Parties to decisions in personam
10. Parties II: 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 in action
22. Merger in 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 doctrine of res judicata doctrine
28. Res judicata in Roman law.