Res Judicata Estoppel And Foreign Judgments

Author : Peter R. Barnett
Publisher : Oxford Private International L
ISBN 13 : 9780199243396
Total Pages : 432 pages
Book Rating : 4.95/5 ( download)

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Download or read book Res Judicata, Estoppel, and Foreign Judgments written by Peter R. Barnett and published by Oxford Private International L. This book was released on 2001 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Jacob B. van de Velden
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041183434
Total Pages : 554 pages
Book Rating : 4.39/5 ( download)

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Download or read book Finality in Litigation written by Jacob B. van de Velden and published by Kluwer Law International B.V.. This book was released on 2017-04-15 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Henry Campbell Black
Publisher :
ISBN 13 :
Total Pages : 720 pages
Book Rating : 4.94/5 ( download)

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Download or read book A Treatise on the Law of Judgments written by Henry Campbell Black and published by . This book was released on 1891 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Melville Madison Bigelow
Publisher :
ISBN 13 :
Total Pages : 948 pages
Book Rating : 4.55/5 ( download)

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Download or read book A Treatise on the Law of Estoppel, Or of Incontestable Rights written by Melville Madison Bigelow and published by . This book was released on 1913 with total page 948 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : K. R. Handley
Publisher : Lexis Nexis UK
ISBN 13 :
Total Pages : 460 pages
Book Rating : 4.27/5 ( download)

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Download or read book Res Judicata written by K. R. Handley and published by Lexis Nexis UK. This book was released on 2009 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Arthur Caspersz
Publisher :
ISBN 13 :
Total Pages : 560 pages
Book Rating : 4.84/5 ( download)

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Download or read book The Law of Estoppel in British India written by Arthur Caspersz and published by . This book was released on 1893 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Melville Madison BIGELOW
Publisher :
ISBN 13 :
Total Pages : 682 pages
Book Rating : 4.14/5 ( download)

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Download or read book A Treatise on the Law of Estoppel and Its Application in Practice ... Second Edition written by Melville Madison BIGELOW and published by . This book was released on 1876 with total page 682 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : David L. Shapiro
Publisher :
ISBN 13 :
Total Pages : 204 pages
Book Rating : 4.34/5 ( download)

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Download or read book Civil Procedure written by David L. Shapiro and published by . This book was released on 2001 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explore the principal current debates and new leading-edge practices with regard to all aspects of a preclusion order. This volume reviews the preclusion order and examines specific preclusion scenarios. Discusses preclusion in a subsequent action between the same parties in the same jurisdiction. Looks at the application of the rules of preclusion to those not parties to the prior action.

Author : Melville Madison Bigelow
Publisher :
ISBN 13 :
Total Pages : 684 pages
Book Rating : 4.83/5 ( download)

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Download or read book A Treatise on the Law of Estoppel and Its Application in Practice written by Melville Madison Bigelow and published by . This book was released on 1876 with total page 684 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Melville M. Bigelow
Publisher : BoD – Books on Demand
ISBN 13 : 3368169483
Total Pages : 726 pages
Book Rating : 4.80/5 ( download)

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Download or read book A Treatise on the Law of Estoppel written by Melville M. Bigelow and published by BoD – Books on Demand. This book was released on 2023-06-10 with total page 726 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the original, first published in 1872.