Spencer Bower and Handley: Res Judicata, Sixth Edition | 2024

Spencer Bower and Handley: Res Judicata, Sixth Edition | 2024

Why should you consider purchasing Spencer Bower and Handley: Res Judicata (Sixth Edition)?

Spencer Bower and Handley: Res Judicata remains the most authoritative and comprehensive resource on the legal principles and limitations of the doctrine of Res Judicata. Originally published in the 1920s, this classic legal text has been carefully updated in its Sixth Edition to reflect the latest developments and ensure clarity in how the doctrine is applied—and when it is not.

The book thoroughly explores what constitutes a Res Judicata decision and its implications across various areas of law, including in rem and in personam judgments, tax and rating law, criminal law (autrefois acquit), matrimonial proceedings, estoppel cases, and judgment mergers. Its detailed commentary is supported by extensive footnotes and illustrative case law.

The content is divided into two parts:

• Part One examines the three key forms of Res Judicata estoppel—cause of action estoppel, issue estoppel, and the binding nature of judgments forming the basis of new claims—concluding with procedural guidance.

• Part Two focuses on merger in judgment, including its relevance in criminal law through the plea of autrefois convict, also ending with a procedural chapter.

This edition also addresses legal changes following the UK's departure from the European Union, particularly regarding jurisdiction and the recognition of foreign judgments—topics that may give rise to Res Judicata issues. It includes analysis of key recent cases such as:

• R (DN (Rwanda)) v Secretary of State for the Home Department [2020]

• FII Group Litigation v Revenue and Customs Commissioners [2020]

• Gol Linhas Aereas SA v Matlin Patterson [2022]

• Clayton v Bant (2020)

Essential for litigation practitioners across all areas of UK and common law—including Australia and New Zealand—this book is also a valuable reference for academics and students studying this intricate and evolving area of law.