Spencer Bower and Handley: Res Judicata

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SOURCE CURRENCY: Fifth Edition, October 2019

The most authoritative and comprehensive book available on the limitations imposed by the doctrine of Res Judicata.

Part One deals with res judicata estoppel in its three forms: cause of action estoppel, issue estoppel and the binding force of a judgment when it is the foundation of a new action. The application of these principles in specific areas of the law and the plea of autrefois acquit in criminal cases are then considered. A chapter deals with affirmative answers.

Part Two deals with merger in judgment including its application in criminal cases under the plea of autrefois convict. Each Part concludes with a chapter on procedure. The final chapters deal with the extended doctrine of res judicata based on abuse of process and the doctrine of res judicata in Roman law.

The 5th edition will incorporate developments in England and Wales and in Commonwealth jurisdictions. Relevant decisions in the Supreme Court include:

  • Dallah Real Estate & Tourism Holding Co v Ministry of Religious Affairs of the Government of Pakistan

  • R (Coke-Wallis) v Institute of Chartered Accountants

  • Virgin Atlantic Airways Ltd v Zodiak Seats UK Ltd

  • R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (no 4)

  • Takhar v Gracefield Developments Ltd

  • Rubin v Eurofinance SA

  • Prest v Prest

  • In the Court of Appeal:

  • Michael Wilson & Partners Ltd v Sinclair

  • The latest edition will also cover decisions of the Privy Council, the High Court and decisions of the High Court of Australia.


    The Honourable  K R Handley Contributor