Res Judicata, Estoppel and Foreign Judgments
The Preclusive Effects of Foreign Judgments in Private International Law
Series: Oxford Private International Law Series;
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Product details:
- Publisher OUP Oxford
- Date of Publication 15 March 2001
- ISBN 9780199243396
- Binding Hardback
- No. of pages404 pages
- Size 235x164x29 mm
- Weight 726 g
- Language English 0
Categories
Short description:
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 in Henderson 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.
Long description:
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 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.
The preclusive effect of foreign judgments in international law is a veritable minefield for lawyers. But given the exponential rise in transnational litigation in recent years, it is a subject which more and more practitioners are having to come to grips with. This book promises to be a formidable weapon in the armoury of such practitioners. ... attempts to unravel many of the mysteries surrounding this branch of the law.
Table of Contents:
I: INTRODUCTION
Foreign judgments and the doctrine of res judicata
II: THE PRECLUSIVE EFFECTS OF FOREIGN JUDGMENTS RECOGNISED IN ENGLAND AT COMMON LAW OR UNDER RELATED STATUTORY SCHEMES
Recognising the foreign judgment and verifying its status as a res judicata
The parties in the subsequent proceedings
Cause of action preclusion: cause of action estoppel and former recovery
Issue preclusion
The extended doctrine of res judicata based on abuse of process: the rule in Henderson v Henderson
III: THE PRECLUSIVE EFFECTS OF FOREIGN JUDGMENTS RECOGNISED IN ENGLAND UNDER INTERNATIONAL CONVENTIONS
The preclusive effects of judgments recognised under the Brussels and Lugano Conventions
The preclusive effects of judgments recognised under the proposed Hague Convention
IV: CONCLUSION
Conclusion
