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

Front Cover
Oxford University Press, 2001 - 346 pages
This book re-examines the doctrines of res judicata and abuse of process when applied to foreign judgments, and analyses how they are relied upon in English proceedings. The book clearly explains the four main pleas to which a foreign res judicata might give rise in subsequent proceedings in England.
 

Contents

General Editors Preface
xxiii
Table of Legislation
xli
Table of Legislation
xlvii
Table of Abbreviations
liii
The Doctrine of Res Judicata as it Operates upon
3
Foreign Judgments and the Doctrine of Res Judicata
4
PART
27
THE PRECLUSIVE EFFECTS OF FOREIGN JUDGMENTS
29
36
140
The Extended Doctrine of Res Judicata based
183
PART C
245
Introduction 7 01
251
The Judgment Recognition Provisions in Title III
264
Recognition of a Convention Judgment
272
Preclusion
291
The Preclusive Effects of a Foreign Judgment
297

THE PARTIES IN THE SUBSEQUENT PROCEEDINGS
61
The Parties in the Subsequent Proceedings
62
Cause of Action
87
ISSUE PRECLUSION
133
Conclusions
327
Index
341
Copyright

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About the author (2001)

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, and has recently joined the firm of Herbert Smith solicitors, London.

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