Spencer Bower and Handley; Res Judicata

This is the most authoritative and comprehensive book available on the limitations imposed by the doctrine of Res Judicata. First published in the 1920s, this frequently cited work ensures 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. Table of contents: PART 1 - Res judicata estoppel 1. Preliminary; 2. What in law constitutes a res judicata; 3. Proof of the judicial decision; 4. Jurisdiction; 5. Finality; 6. Decision on the merits; 7. The subject matter of the judicial decision; 8. Parties I: judicial decisions in personam; 9. Parties II: judicial decisions in rem; 10. The rule in Hollington v Hewthorn; 11. Running-down cases; 12. Taxation and rating cases; 13. The plea of autrefois acquit; 14. Res judicata estoppels in matrimonial proceedings; 15. Administrative law and judicial review; 16. Affirmative answers to prima facie case of estoppel; 17. Pleading and procedure; PART 2 - Merger in judgment 18. Preliminary; 19. What constitutes a former recovery; 20. Merger in judgment: proof, jurisdiction and finality; 21. Merger in judgment: identity of causes in action; 22. Merger in judgment: identity of parties; 23. The plea of autrefois convict; 24. Merger in judgment: affirmative answers; 25. Merger in judgment: pleading and procedure; 26. The extended doctrine of res judicata; 27. Res judicata in Roman law.