Spencer Bower and Handley Res Judicata

Spencer Bower and Handley  Res Judicata

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, ...

Author: K R Handley

Publisher: Butterworths

ISBN: 147431337X

Category:

Page: 446

View: 278

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.
Categories:

Res Judicata

Res Judicata

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, ...

Author: K. R. Handley

Publisher: Lexis Nexis UK

ISBN: STANFORD:36105134516827

Category: Estoppel

Page: 345

View: 193

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.
Categories: Estoppel

Res Judicata Estoppel and Foreign Judgments

Res Judicata  Estoppel  and Foreign Judgments

19 Spencer Bower , Turner & Handley 11-16 ; see , also , n 23 below . 20 Marginson v Blackburn Borough Council [ 1939 ] 2 KB 426 , CA. 21 Sollers v Lawrence ( 1743 ) Willes 413 ; Brisco v Lomax ( 1838 ) 8 Ad & El 198 ; Evans v Rees ...

Author: Peter R. Barnett

Publisher: Oxford University Press on Demand

ISBN: 0199243395

Category: Law

Page: 432

View: 768

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.
Categories: Law

Administrative Law in Hong Kong

Administrative Law in Hong Kong

This issue arose in the UK Supreme Court, where it was held that res judicata applied to a second set of ... of a case based on cause of action estoppel were endorsed from Spencer Bower & Handley, Res Judicata:77 (i) the decision, ...

Author: Stephen Thomson

Publisher: Cambridge University Press

ISBN: 9781108400329

Category: Law

Page: 425

View: 355

Presents a comprehensive new text on administrative law in Hong Kong; discusses judicial review, administrative tribunals, the Ombudsman and subsidiary legislation.
Categories: Law

Challenging Private Law

Challenging Private Law

KR Handley, Spencer Bower and Handley: Res Judicata, 5th edn (London, LexisNexis, 2019) ch 19. 11 ibid ch 7. 12 ibid ch 8. 13 ibid ch 26. Hunter v Chief Constable of the West Midlands Police [1982] AC 529 (HL) 536 (Lord Diplock).

Author: William Day

Publisher: Bloomsbury Publishing

ISBN: 9781509934881

Category: Law

Page: 488

View: 186

Lord Sumption has been one of the most influential judges of his generation. This book critically reflects on the important and controversial issues raised by his jurisprudence. Using Lord Sumption's judgments and extra-judicial lectures as a starting point, the book contains a selection of essays that consider 'where next' in relation to topics such as: - contract variation, damages and penalties; - economic loss and personal injury in tort law; - knowing receipt and proprietary restitution; - illegality in private law; - agency and attribution; - piercing the corporate veil; - foreign law in the English courts. The book covers a broad range of areas in private law including contract, tort, unjust enrichment, equity, company and commercial law, as well as private international law and civil procedure.
Categories: Law

Adjudication in Construction Law

Adjudication in Construction Law

44 4.6 Res judicata and issue estoppel 4.6.1 Res judicata 4.23 Res judicata, a matter adjudged, is a decision pronounced by a judicial or other tribunal with ... 46 Spencer Bower and Handley, Res Judicata, 4th ed, p 15, para 2.05.

Author: Darryl Royce

Publisher: Taylor & Francis

ISBN: 9781000487954

Category: Law

Page: 656

View: 328

This book collects all the relevant material regarding the process of adjudication in construction. It provides clarity for those involved in the adjudication process or related proceedings with detailed and reliable analysis of them supported by statutory provisions and judicial observations. Adjudication in Construction Law discusses the role of ‘true value’ adjudications following smash and grab decisions on the basis of the absence of a pay less notice, the restraint of adjudication by injunction, hybrid contracts dealing with both construction operations and other operations and timing and content of payment notices and pay less notices. Additionally, this book includes a summary of the different procedures adopted in other jurisdictions, as well as an explanation of the payment procedures under the statutory framework. It also goes on to append all the relevant statutory material, contractual adjudication procedures and forms. A new feature of this edition is a detailed analysis and discussion of the development and of the ‘rules’ relating to the acceptability of a wrong answer provided that the right question has been dealt with, only one dispute being susceptible to adjudication and the necessity or otherwise of a dispute ‘arising under’ the construction contract. A clear and comprehensive aid, this book is an essential read for lawyers or construction professionals involved in adjudication.
Categories: Law

Jurisdiction Admissibility and Choice of Law in International Arbitration Liber Amicorum Michael Pryles

Jurisdiction  Admissibility and Choice of Law in International Arbitration  Liber Amicorum Michael Pryles

K.R. Handley and G. Spencer Bower, Spencer Bower and Handley: Res judicata, p. 103 (4th edn, LexisNexis, 2009). 9. The Pious Fund of the Californias (The United States of America v. The United Mexican States), Award of the Tribunal, ...

Author: Neil Kaplan

Publisher: Kluwer Law International B.V.

ISBN: 9789041186386

Category: Law

Page: 442

View: 938

The distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics, has made a mark on arbitral law and practice that is recognized worldwide. In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the thorny matters of jurisdiction, admissibility and choice of law in arbitration – topics which have long interested Professor Pryles and are of wide interest. Among the specific issues and topics examined are the following: • res judicata; • investment arbitration; • free trade agreements; • party autonomy; • application of provisional measures; • issue estoppel; • evidentiary inferences; • interim measures; • emergency and default proceedings; • the intersection of financing and jurisdiction; • consolidation of cases; and • non-contractual claims. Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, it is bound to appeal to and be put to use by arbitrators and other lawyers who handle international cases. It will also prove of great value to global law firms and companies doing transnational business.
Categories: Law

The Conflict of Laws

The Conflict of Laws

5 See, generally, Spencer Bower and Handley, Res Judicata (4th edn, LexisNexis, 2009). 6 Carl Zeiss Stiftung v Rayner & Keeler Ltd (No 2) [1967] 1 AC853. 7 Which expression includes counterclaimant or party, not excluding a defendant, ...

Author: Adrian Briggs

Publisher: Oxford University Press, USA

ISBN: 9780198838500

Category: Conflict of laws

Page: 417

View: 218

This invaluable introduction to the study of the conflict of laws provides a survey and analysis of the rules of private international law as they apply in England. Written to take account of the various possible outcomes of the Brexit process, it goes as far as is possible to make sense of the effect it will have on English private international law. The volume covers general principles, jurisdiction, and the effect of foreign judgments; the law applicable to contractual and non-contractual obligations, the private international law of property, of adults (the increasingly complex law of children is described in bare outline), and of corporations. It does so in a manner which explains and illuminates the principles which underpin the subject in a clear and coherent fashion, as the wealth of literature, case law, and legislation can often obscure the architecture of the subject and unnecessarily complicate its study. This new edition organizes the existing material in light of European legislation on private international law, reflecting the way in which an accurate representation of the topic requires it to be interpreted as European law with a common law periphery, instead of common law with European legislative influences. As at the time of writing - and possibly for some time to come - the consequences of Brexit are a mystery, but the attempt is made to describe the various possible shapes which the subject will assume in the future. The book adopts a pragmatic approach and avoids the more abstract theory; as the theory of the conflict of laws is actually to be found in and by applying the legislation and jurisprudence to the cases and issues which arise in private international litigation and in giving legal advice.
Categories: Conflict of laws

2011

2011

127 Also Greenhalgh v Mallard [1947] 2 All ER 255 (CA) per SOMERVELL L]. In general, P.R. BARNETT, Res Judicata, Estoppel, and Foreign Judgments, Oxford 2001, p. 288 et seq.; K.R. HANDLEY, Spencer Bower and Handley Res Judicata (4th ed.) ...

Author: Andrea Bonomi

Publisher: Walter de Gruyter

ISBN: 9783866539648

Category: Law

Page: 716

View: 626

Categories: Law

Third Party Effects of Arbitral Awards

Third Party Effects of Arbitral Awards

Res Judicata Against Privies, Non-mutual Preclusion and Factual Effects Maximilian Pika. 336. 337. 338. 339. 340. 341. 342. 343. 344. 345. ... with jurisprudence references; Spencer Bower and Handley, Res Judicata [4.86]. Cf. Letang v.

Author: Maximilian Pika

Publisher: Kluwer Law International B.V.

ISBN: 9789403512655

Category: Law

Page: 392

View: 941

The specialization and financial demand of global business render international transactions inherently multilateral and thus best effected through arbitration agreements. However, it often happens that – for various reasons, such as a debtor’s failure to pay damages ordered by an arbitral tribunal – third parties who did not consent to the original arbitration enter the scene. This is the first book to examine the binding effects of international commercial arbitral awards in follow-up disputes against third parties. It comprehensively analyses arbitral awards’ third-party effects under national arbitration laws, the New York Convention and private international law. Moreover, it proposes solutions under transnational law before both courts and arbitral tribunals. Applying a continuously comparative methodology that refers to specific statutory, jurisprudential and scholarly sources, this book explores the nature and implications of such aspects of third-party involvement as the following: the foundations of the doctrine of res judicata and its intrinsic connection to other tools of forum coordination; the distinction between res judicata before courts on the one hand and arbitral tribunals on the other; the application of non-mutual preclusion in favour of third parties; the potential for arbitral awards to constitute a fact in follow-up disputes; a comparison of rules and uncertainties on awards’ third-party effects under various national arbitration acts; preclusion agreements; the arbitration agreement’s scope; and judgments’ third-party effects as a shift of the participatory burden. For civil law, the author focuses on France and Switzerland (as predominant arbitral seats) and on Germany (as a Model Law example). Among common-law countries, he concentrates on England and Wales and on the United States. Statutory sources (with specific wording), leading cases and summaries of the most important scholarly discussions are all invoked. With its clear guidelines for matters currently not addressed in previous publications and likely to be raised in specific cases, this book will prove to be of immeasurable value for arbitration practitioners and academics in any jurisdiction. Business parties that seek to prevent contradicting decisions in multilateral transactions will appreciate the practically feasible alternatives it presents in the event of follow-up disputes involving third parties.
Categories: Law