Abstract: This chapter examines two crucial points: (1) appeals and (2) the ‘res judicata’ effect of final judgments. There are many restrictions on appeals, notably the requirement that appeal requires the permission of the lower court or of the proposed appeal court. The main doctrines of finality are cause of action and issue estoppels, which preclude re-litigation between the same parties of the same claim or the same issue. A further restriction is the so-called Henderson v Henderson principle. This requires a party in earlier proceedings to raise all conveniently arguable points of claim or defence, otherwise this principle dictates that there should be no second opportunity to do so in later proceedings between the same parties.
Publication Year: 2018
Publication Date: 2018-01-01
Language: en
Type: book-chapter
Indexed In: ['crossref']
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