The Parties in the Subsequent Proceedings
Peter R Barnett
Abstract
Peter R Barnett
Abstract
Abstract It is one thing to recognise a foreign judgment and verify its status as a res judicata, but the benefits and burdens of a res judicata are confined to those who were party (or privy) to the judgment. This means that any attempt to rely upon the preclusive effect of that judgment in subsequent proceedings will only succeed if the parties or privies in the subsequent proceedings are identical to those involved in the proceedings giving rise to the res judicata.
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Abstract It is one thing to recognise a foreign judgment and verify its status as a res judicata, but the benefits and burdens of a res judicata are confined to those who were party (or privy) to the judgment. This means that any attempt to rely upon the preclusive effect of that judgment in subsequent proceedings will only succeed if the parties or privies in the subsequent proceedings are identical to those involved in the proceedings giving rise to the res judicata.
Key concepts: Res judicata, Political science, Law, Law and economics, Sociology