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Zusatztext 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. Informationen zum Autor 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. Klappentext 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. Zusammenfassung 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 explains the four main pleas to which a foreign res judicata might give rise in subsequent proceedings in England. Inhaltsverzeichnis 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 ...
