Spencer Bower and Handley Res JudicataSpencer 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: 419

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.

Res JudicataRes 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:

Page: 345

View: 199

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.

Spencer Bower Turner and Handley the Doctrine of Res JudicataSpencer Bower Turner and Handley the Doctrine of Res Judicata



This is the most authoritative and comprehensive book available on the limitations imposed by the doctrine of Res Judicata.

Author: George Spencer Bower

Publisher:

ISBN: 0406891567

Category:

Page: 285

View: 228

This is the most authoritative and comprehensive book available on the limitations imposed by the doctrine of Res Judicata. First published in the 1920s, the work was updated in 1996 to ensure readers understand how the doctrine of Res Judicata is enforced and also how it does not apply. It gives essential information on what constitutes a Res Judicata decision, how judicial decisions apply in rem and in personam, in taxation and rating cases, in criminal cases (autrefois acquit), in matrimonial cases, in prima facie cases of estoppel and in merger judgments. The text is fully supported by extensive footnotes and appropriate cases to demonstrate each point.

Res Judicata Estoppel and Foreign JudgmentsRes Judicata Estoppel and Foreign Judgments



In any case , cardinal to each plea is the prior existence of a decision that qualifies as a res judicata . 2. CONSTITUENT ELEMENTS OF A ... Spencer Bower , Turner & Handley 11-16 ; see , also , n 23 below . 1.20 It used to be that only ...

Author: Peter R. Barnett

Publisher: Oxford University Press on Demand

ISBN: 0199243395

Category:

Page: 346

View: 415

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: cause of action estoppel; issue estoppel; former recovery under section 34 of the Civil Jurisdiction and Judgments Act 1982; and the rule inHenderson v Henderson (1843) 3 Hare 100.It is an area of the law that has frequently been confused and mis-applied in the past, and yet it is an increasingly important area for those interested in international commercial litigation.

Administrative Law in Hong KongAdministrative 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:

Page: 420

View: 552

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

Challenging Private LawChallenging 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:

Page: 488

View: 616

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.

Adjudication in Construction LawAdjudication in Construction Law



4.6 Res judicata and issue estoppel 4.6.1 Res judicata 4.18 Res judicata, a matter adjudged, is a decision pronounced by a judicial or other tribunal ... 32 Spencer Bower and Handley, Res Judicata, 4th edn, pp 1 & 2, paras 1.01, 1.03.

Author: Darryl Royce

Publisher: CRC Press

ISBN: 9781317434016

Category:

Page: 442

View: 158

This book brings together, in one convenient place, all the relevant material on the process of Adjudication in Construction. It will provide clarity for those involved in the adjudication process, or related proceedings, in the form of a detailed and reliable text that supports each proposition with a statutory provision or a judicial observation. Included in this book is a summary of the different procedures adopted in other jurisdictions, as well as a chronological account of the reviews and proposals for reforms made to Part II of the Housing Grants, Construction and Regeneration Act 1996. There is also an explanation of the payment procedures under the statutory framework. Finally, readers will be able to make use of appendices comprised of the statutory material, the various contractual adjudication procedures currently available, and necessary forms. Any lawyers or construction professionals involved in Adjudication will find this book to be a clear and comprehensive aid to their practice.

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

Page: 442

View: 264

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.

The Conflict of LawsThe 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:

Page: 416

View: 847

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.

20112011



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:

Page: 716

View: 960

Third Party Effects of Arbitral AwardsThird 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:

Page: 392

View: 566

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.

The Three Paths of JusticeThe Three Paths of Justice



Spencer Bower and Handley, Res Judicata (4th edn, LexisNexis, London, 2009) PR Barnett, Res Judicata, Estoppel and Foreign Judgments: The Preclusive Effects of Foreign Judgments in Private International Law (Oxford University Press, ...

Author: Neil Andrews

Publisher: Springer

ISBN: 9783319748320

Category:

Page: 344

View: 307

This revised second edition takes account of developments in the field of dispute resolution, including mediation and arbitration. The book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first (revised) book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.

Cross and Tapper on EvidenceCross and Tapper on Evidence



Spencer Bower & Handley Res Judicata [1.10] (4th edn, 2009). Letters patent may constitute estoppel by record between the Crown and the grantee (Cropper v Smith (1884) 26 Ch D 700), but the only estoppel worth discussion here is ...

Author: Roderick Munday

Publisher: Oxford University Press

ISBN: 9780199668601

Category:

Page: 740

View: 682

Cross & Tapper continues to provide exceptionally clear and detailed coverage of the modern law of evidence, with an element of international comparison. The foremost authority in the area, it is a true classic of legal literature.

Transnational Construction ArbitrationTransnational Construction Arbitration



9 ibid, 92–97; Sean Wilken and Karim Ghaly, The Law of Waiver, Variation and Estoppel (3rd edn, OUP 2012) 319–321; KR Handley, Spencer Bower and Handley: Res Judicata (4th edn, LexisNexis 2009). 10 Barnett, ibid, 134–137; VV Veeder, ...

Author: Renato Nazzini

Publisher: Taylor & Francis

ISBN: 9781351984065

Category:

Page: 266

View: 475

Transnational Construction Arbitration addresses topical issues in the field of dispute resolution in construction contracts from an international perspective. The book covers the role of arbitral institutions, arbitration and dispute resolution clauses, expert evidence, dispute adjudication boards and emergency arbitrator procedures, investment arbitration and the enforcement of arbitral awards. These topics are addressed by leading experts in the field, thus providing an insightful analysis that should be of interest for practitioners and academics alike.

Understanding the Law of AssignmentUnderstanding the Law of Assignment



Goode (2017) Green (1984) Guest & Liew (2015) Handley (2009) Harris (1975) Hart (1982) Hayton & Mitchell (2015) Hohfeld ... 2015) K. R. Handley, Spencer Bower and Handley: Res Judicata (4th edn, London: LexisNexis, 2009) J. W. Harris, ...

Author: C. H. Tham

Publisher: Cambridge University Press

ISBN: 9781108475280

Category:

Page: 498

View: 815

Explains how intangible assets such as contractual debts or equitable entitlements may be assigned under English law.

General Principles and the Coherence of International LawGeneral Principles and the Coherence of International Law



2 Ensuring Consistency in the Resolution of a Particular Dispute: Lis Pendens and Res Judicata 2.1 Res Judicata and ... 1 Gaius, Institutes of Roman Law, vol 4, paras 106–107; Spencer Bower and Kenneth R. Handley, Res Judicata (4th edn ...

Author: Mads Andenas

Publisher: BRILL

ISBN: 9789004390935

Category:

Page: 474

View: 638

General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.

Product LiabilityProduct Liability



The leading specialized English text is KR Handley (ed), Spencer Bower and Handley: Res Judicata (4th edn, LexisNexis, 2009). 230 See Black v Yates [1992] QB 526; for a rather surprising, and quite possibly wrong, application of s 34, ...

Author: Duncan Fairgrieve

Publisher: Oxford University Press

ISBN: 9780191669958

Category:

Page: 1112

View: 528

Product Liability is a recognised authority in the field and covers the product liability laws through which manufacturers, retailers, and others may be held liable to compensate persons who are injured, or who incur financial loss, when the products which they manufacture or sell are defective or not fit for their purpose. Product defects may originate in the production process, be one of design, or be grounded in a failure to issue an adequate warning or directions for safe use and practitioners advising business clients or claimants will find this book provides all the necessary information for practitioners to manage a product liability claim. This new edition has been fully updated to take account of 10 years of development in case law and regulation, and the increasing impact of cross-border and transnational sale of goods. The Court of Justice of the European Union handed down major rulings concerning the Product Liability Directive which affect the application of the Directive and national arrangements and Fairgrieve and Goldberg examines this in detail. For any legal practitioner operating in areas which require knowledge of European product liability law, an understanding of the impact of recent developments is essential and this work is an essential resource for practitioners working on product liability, sale of goods, personal injury and negligence. The work provides comprehensive coverage of the law of negligence as it applies to product liability, of the strict liability provisions of the Consumer Protection Act 1987, and of the EU's Product Liability Directive on which the Act is based. Although the majority of cases involve pharmaceuticals and medical devices, in recent English cases the allegedly defective products have been as diverse as a child's buggy, an All Terrain Vehicle, and even a coffee cup. Many cases are brought as group actions, and the book examines the rights of those who are injured by defective products. As well as considering the perspective of the law as it has developed in the UK, this edition contains detailed discussion of case law from other jurisdictions including the USA, Australia, New Zealand, Canada, France and Germany. The coverage in the work is complemented by a full analysis of issues which arise in transnational litigation involving problems of jurisdiction and the choice of laws.

Finality in LitigationFinality in Litigation



The Law and Practice of Preclusion: Res Judicata (Merger And Estoppel), Abuse of Process and Recognition of Foreign Judgments Jacob B. ... Handley KR, Spencer Bower, Turner and Handley: Res judicata (4th ed Lexis Nexis, London 2009).

Author: Jacob B. van de Velden

Publisher: Kluwer Law International B.V.

ISBN: 9789041183439

Category:

Page: 554

View: 441

Ensuring finality in litigation (‘preclusion’) is a challenge. Res judicata and abuse of process are technical doctrines – traps for the unwary. The same doctrines can also be effective tools to avoid unnecessary or vexing duplicative proceedings or to determine how a case may affect the same or a related claim or issue in a subsequent case. This practitioner’s guide is a timely and comprehensive treatise on English law on the topic. It addresses the entire spectrum of preclusion issues arising in an English court: -the court functus officio – the finality of a judgment; -res judicata – merger of the cause of action, cause of action estoppel, and issue estoppel; -abuse of process – relitigation, Henderson v. Hendersonand collateral attack abuse; and -preclusion by foreign judgments. In a manner accessible to foreign lawyers, this book further offers a treatise of Dutch law that is of the same breadth and depth. It addresses all preclusion issues that may crop up in a Dutch court. Moreover, the cross-border context is considered – how domestic judgments fare abroad, how preclusion operates in the Brussels and Lugano regime, levels of preclusion set by European due process, and more. A contribution to conflicts theory, this book finally suggests improvements to the process of preclusion between jurisdictions, by clarifying the distinction between ‘recognition of’ foreign judgments and ‘preclusion by’ foreign judgments and by opening up a new field of choice of preclusion law. A first class work which will be of considerable interest to practitioners and scholars.’ –Lord Collins of Mapesbury former Justice of the UK Supreme Court and General Editor of Dicey and Morris on Conflict of Laws Jacob van de Velden practises international arbitration and litigation at De Brauw Blackstone Westbroek, a member of the Best Friends-network of law firms with Slaughter and May (UK), Bredin Prat (France), BonelliErede (Italy), Hengeler Mueller (Germany) and Uría Menéndez (Spain). He was a co-rapporteur for the International Law Association’s Committee on International Civil Litigation and a research fellow and director of the Private International Law programme at the British Institute of International and Comparative Law.