Res Judicata, Estoppel and Foreign Judgments: The Preclusive Effects of Foreign Judgments in…

Hardcover | February 1, 2001

byPeter R. Barnett

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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 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.

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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 practice, namely:(i) cause of action estoppel; (ii) issue est...

Peter Barnett holds a D Phil from the University of Oxford and is a Legal Practitioner of the Supreme Court of New South Wales. He is soon to be admitted as a Legal Practitioner of the High Court of Australia and Solicitor of the High Court of England and Wales.

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Format:HardcoverDimensions:346 pages, 9.21 × 6.14 × 0.98 inPublished:February 1, 2001Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199243395

ISBN - 13:9780199243396

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Table of Contents

I: INTRODUCTION1. Foreign judgments and the doctrine of res judicataII: THE PRECLUSIVE EFFECTS OF FOREIGN JUDGMENTS RECOGNISED IN ENGLAND AT COMMON LAW OR UNDER RELATED STATUTORY SCHEMES2. Recognising the foreign judgment and verifying its status as a res judicata3. The parties in the subsequent proceedings4. Cause of action preclusion: cause of action estoppel and former recovery5. Issue preclusion6. The extended doctrine of res judicata based on abuse of process: the rule in Henderson v HendersonIII: THE PRECLUSIVE EFFECTS OF FOREIGN JUDGMENTS RECOGNISED IN ENGLAND UNDER INTERNATIONAL CONVENTIONS7. The preclusive effects of judgments recognised under the Brussels and Lugano Conventions8. The preclusive effects of judgments recognised under the proposed Hague ConventionIV: CONCLUSION9. Conclusion

Editorial Reviews

`a welcome addition to the [Oxford monographs in private international law] series, and ... in many ways ground breaking ... It will be a valuable addition to the library of the international commercial lawyer.'Gavin McFarlane, New Law Journal, February 2002