Spencer Bower and Handley: Res Judicata Fifth edition

The must have publication on Res Judicata.

Publication Date: November 2019

Publisher: LNUK

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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.

Part One: Introduction, Background and General Principles

1. Child Protection in England and Wales

2. The Origins of the Present System

3. Fundamentals of the Children Act 1989

4. Other Orders

5. Jurisdiction

6. Human Rights Considerations

Part Two: Child Protection Measures Short of Care Proceedings

7. Local Authority Investigation, Support and Intervention

8. The Pre-Proceedings Process

9. The Decision to Commence Proceedings

Part Three: Emergency Intervention

10. Police Protection Orders

11. Emergency Protection Orders

Part Four: Care Proceedings: From Issue to Final Hearing

12. The Procedural Stages of an Application for a Care Order: An Overview

13. The Process of Issuing an Application and the Formal Requirements when doing so

14. Initial Case Management

15. Interim Care Orders: Interim Care Orders Part 1 - Interim Threshold

16. Interim Care Orders Part 2 - Welfare Decisions at the Interim Stage

17. Interim Care Orders Part 3 - Case Management of Interim Care Order Applications

18. Interim Care Orders Part 4 - The Interim Care Order

19. Appealing the Decision on an Interim Care Order Application

Part Five: Care Proceedings: Final Hearings and Final Orders

20. Preparation for the Final Hearing

21. The Final Hearing: Practical Considerations

22. Final Threshold

23. The Welfare Test for making a Final Care Order

24. Final Care Plans

25. The Effect of Making a Final Care Order

26. Appeals against Final Care Orders

Part Six: Alternatives to the making of a Final Care Order

27. Supervision Orders

28. Placement under a Child Arrangements Order

29. Special Guardianship Orders

Part Six: Adoption

30. The Nature of Adoption

31. Adoption: General Considerations

32. Adoption: Parental Consent and Placement Orders

33. Adoption: Appeals

Appendices

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