Spencer Bower and Handley: Res Judicata, 5th Edition

Spencer Bower and Handley: Res Judicata, 5th Edition is the most authoritative and thorough work on the restrictions imposed by the Res Judicata doctrine.

Part One delves into the three types of res judicata estoppel: cause of action estoppel, issue estoppel, and the binding effect of a judgment when it serves as the basis for a new action. The application of these concepts to specific areas of law, as well as the use of the autrefois acquit plea in criminal cases, are next discussed. A chapter is dedicated to affirmative responses.

Part 2 discusses merger in judgment, as well as its use in criminal cases including the plea of autrefois convict. A chapter on procedure finishes each Part. The enlarged doctrine of res judicata based on abuse of process and the doctrine of res judicata in Roman law are discussed in the last chapters.

This book covers important case law from Hong Kong, Malaysia, Singapore, and South Africa, among others. There is also commentary on EU legislation, such as the Insolvency Regulation (1346/2000), which governs the jurisdiction and recognition of judgments in insolvency proceedings, Council Regulation No 44/2001, which governs the jurisdiction, recognition, and enforcement of judgments in civil and commercial matters, and Council Regulation No 2201/2003, which governs the jurisdiction, recognition, and enforcement of matrimonial judgments.

TABLE OF 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: the identity of causes in action
22. Merger in judgment: the 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