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Res Judicata, Estoppel and Foreign Judgments: The Preclusive Effects of Foreign Judgments in Private International Law
 

Res Judicata, Estoppel and Foreign Judgments: The Preclusive Effects of Foreign Judgments in Private International Law (Hardback)

By Barnett, Peter R. (Solicitor (England and Wales) and Legal Practitioner of the Supreme Court of New South Wales, Australia)

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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 prac...tice, 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 judgments recognized 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 Hague Convention 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, that this 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 the important 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.
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ISBN 9780199243396
Released NZ 1 Apr 2001
Publisher Oxford University Press (S1)
Format Hardback
Series Oxford Private International Law Series
Availability
Indent title (internationally sourced), usually ships 4-6 weeks

Full details for this title

ISBN-13 9780199243396
Stock Available
Status Indent title (internationally sourced), usually ships 4-6 weeks
Publisher Oxford University Press (S1)
Imprint Oxford University Press
Released 1 Apr 2001
Publication Country United Kingdom United Kingdom
Format Hardback
Author(s) By Barnett, Peter R. (Solicitor (England and Wales) and Legal Practitioner of the Supreme Court of New South Wales, Australia)
Series Oxford Private International Law Series
Category Non-Fiction (Child / Teen)
Private International Law & Conflict Of Laws
English legal system: courts & procedure
English law: arbitration, mediation & alternative dispute resolution
English law: company law
EU company law
Courts & Procedure
Legal Procedure: Arbitration
Company Law
Number of Pages 404
Dimensions Width: 164mm
Height: 235mm
Spine: 29mm
Dewey Code 340.9
Weight 726g
Interest Age 19+ years
Reading Age 19+ years
Library of Congress Res judicata, International law, Estroppel, Judgements, Foreign
NBS Text International Law: Professional
ONIX Text College/higher education;Professional and scholarly

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