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

Author:   Peter R. Barnett (, Solicitor (England and Wales) and Legal Practitioner of the Supreme Court of New South Wales, Australia)
Publisher:   Oxford University Press
ISBN:  

9780199243396


Pages:   404
Publication Date:   15 March 2001
Format:   Hardback
Availability:   Manufactured on demand   Availability explained
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Res Judicata, Estoppel and Foreign Judgments: The Preclusive Effects of Foreign Judgments in Private International Law


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Author:   Peter R. Barnett (, Solicitor (England and Wales) and Legal Practitioner of the Supreme Court of New South Wales, Australia)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.40cm , Height: 2.90cm , Length: 23.50cm
Weight:   0.726kg
ISBN:  

9780199243396


ISBN 10:   0199243395
Pages:   404
Publication Date:   15 March 2001
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

I: INTRODUCTION ; 1. 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 ; 2. Recognising the foreign judgment and verifying its status as a res judicata ; 3. The parties in the subsequent proceedings ; 4. Cause of action preclusion: cause of action estoppel and former recovery ; 5. Issue preclusion ; 6. 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 ; 7. The preclusive effects of judgments recognised under the Brussels and Lugano Conventions ; 8. The preclusive effects of judgments recognised under the proposed Hague Convention ; IV: CONCLUSION ; 9. Conclusion

Reviews

`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.' Journal of the Commonwealth Lawyers' Association 2001 `The series of Oxford monographs in private international law is producing some innovative titles, frequently in areas that have not been covered previously in texts of such depth. Dr Barnett's work is a welcome addition to the series, and is in many ways groundbreaking. ... deals with the complex questions which arise when the doctrines of res judicata and abuse of process are applied to foreign judgements. It will be a valuable addition to the library of the international commercial lawyer.' New Law Journal, 15 Feb 2002 `This is another excellent contribution to the Oxford Monographs in Private International Law. The academic community of private international lawyers, not to mention those in the real world of legal practice and judges, owe a debt of gratitude to Peter Carter QC for taking the initiative to found this series and to edit it. this is a very thoroughly researched book on a difficult topic that adds to our knowledge of the effects of foreign judgments.' Law Quarterly Review, 1 Apr 2002 `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


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. Journal of the Commonwealth Lawyers' Association 2001 The series of Oxford monographs in private international law is producing some innovative titles, frequently in areas that have not been covered previously in texts of such depth. Dr Barnett's work is a welcome addition to the series, and is in many ways groundbreaking. ... deals with the complex questions which arise when the doctrines of res judicata and abuse of process are applied to foreign judgements. It will be a valuable addition to the library of the international commercial lawyer. New Law Journal, 15 Feb 2002 This is another excellent contribution to the Oxford Monographs in Private International Law. The academic community of private international lawyers, not to mention those in the real world of legal practice and judges, owe a debt of gratitude to Peter Carter QC for taking the initiative to found this series and to edit it. this is a very thoroughly researched book on a difficult topic that adds to our knowledge of the effects of foreign judgments. Law Quarterly Review, 1 Apr 2002 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


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 * This is another excellent contribution to the Oxford Monographs in Private International Law. The academic community of private international lawyers, not to mention those in the real world of legal practice and judges, owe a debt of gratitude to Peter Carter QC for taking the initiative to found this series and to edit it. this is a very thoroughly researched book on a difficult topic that adds to our knowledge of the effects of foreign judgments. * Law Quarterly Review, 1 Apr 2002 * The series of Oxford monographs in private international law is producing some innovative titles, frequently in areas that have not been covered previously in texts of such depth. Dr Barnett's work is a welcome addition to the series, and is in many ways groundbreaking. ... deals with the complex questions which arise when the doctrines of res judicata and abuse of process are applied to foreign judgements. It will be a valuable addition to the library of the international commercial lawyer. * New Law Journal, 15 Feb 2002 * 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. * Journal of the Commonwealth Lawyers' Association 2001 *


Author Information

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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