BCL Law Notes Principles of Civil Procedure Notes
A collection of the best BCL notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through applications from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short, these are what we believe to be the strongest set of BCL notes available in the UK this year. This collection of notes is fully updated for recent exams, also making them...
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KEY QUESTIONS |
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What is the relationship between res judicata and abuse of process? In each, what is the exception (if any) and why? To what circumstances does and should each apply? |
Which approach should be preferred: RBS graduated approach or Lord Sumption Virgin Atlantic approach? |
PROVISIONS | ||
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CPR | 52.30 (formerly 52.17) | Re-opening a Final Appeal — (1) A final determination of any appeal will not be re-opened unless:
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RES JUDICATA | Taylor v Lawrence
| ABUSE OF PROCESS | ||
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(a) Cause of Action Estoppel | Arnold v Natwest
| Issue not decided in previous proceeding but should have been raised | Henderson v Henderson
| Application of Ali Stores:
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(b) Issue Estoppel | Issue decided in previous proceedings between different parties but unjust to re-litigate (collateral attack) | Hunter v Chief Constable
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GENERAL (Higgins and Zuckerman) |
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Court adjudication provides ultimate means of enforcing rights — mainstay of a system governed by the rule of law
Acknowledge tension between (i) imperatives of timely resolution and (ii) deciding disputes according to true merits:
General Approach — Taylor v Lawrence:
Re-opening Final Appeals: Taylor v Lawrence now embodied in CPR52.30 (previously 52.17):
English law employs two doctrines to avoid re-litigation:
HOWEVER: Public interest in finality of litigation has implications considerably wider than doctrine of res judicata
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A collection of the best BCL notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through applications from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short, these are what we believe to be the strongest set of BCL notes available in the UK this year. This collection of notes is fully updated for recent exams, also making them...
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