- Author : Peter R. Barnett
- Publsiher : Oxford University Press on Demand
- Release : 28 September 2021
- ISBN : 0199243395
- Page : 346 pages
- Rating : 4/5 from 21 voters
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Book Excerpt : 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.