The Law on Res Judicata and Double Jeopardy

Written by Paul A McDermott

Both res judicata and double jeopardy play an important role in Irish civil and criminal law. This key book steers legal practitioners through these important areas with clarity and detail. The law of res judicata deals with all of the circumstances in which parties are barred from litigating an issue because of the result of previous litigation. Double jeopardy is concerned with how many times the state can prosecute someone for the same offence.

Introduction. Part I: Civil Law. Historical Background. A Theory of Res Judicata. Judgments Capable of Giving Rise to Res Judicata. The Parties Bound by Estoppel. Cause of Action Estoppel. Issue Estoppel. Estoppel by Omission. The Death of Mutuality in Issue Estoppel. Rating, Tax and Statutory Interpretation. Running Down Actions. Public Law Litigation. Family Law. Foreign Judgments as Res Judicata. Other Areas. The Doctrine of Merger. Exceptions and Defences to Res Judicata. Quasi Res Judicata: Abuse of Process. Practice and Procedure. Part II: Criminal Law. Introduction to Double Jeopardy. A Theory of Double Jeopardy. The Requirements of the Special Pleas. Mistrials. State Appeals from an Acquittal. Statutory Protection Against Double Jeopardy. International Aspects of Double Jeopardy. Issue Estoppel Between Two Sets of Criminal Proceedings. The Res Judicata Effect of Criminal Proceedings on Subsequent Civil Action. Abuse of Process and Perjury. Double Jeopardy Protection in International Human Rights Law. Practice and Procedure. Conclusions and Reform.

Bibliographic detail
ISBN/ISSN: 9781845926427
Publication Date: 1999
Format: Hardback
Availability: In Print
List price: €132.00