Per Rem Judicatam in UK Law
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Estoppels Against Statutes
... ... the type of estoppel which is raised may be very relevant since the operation of an estoppel per rem judicatam is different from the operation of an estoppel arising by the acts of the parties. This latter expression is used here ... ...
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RES JUDICATA IN RECENT CASES
... ... (2) The subject-mutter 01 the estoppel. To constitute an estoppel per rem judicatam, there must be identity of subject-matter. This comprises, as Bower explains, ' not only identity of subject-matter in a ... ...
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A Public Law Issue?
... ... of the Court of Appeal to import into planning law the concept of issue estoppel, or more properly estoppel per rem judicatam. In Thrasyvoulou v Secretary of State for the Environment & Another,6 Hackney LBC had served an enforcement notice in 1982 ... ...
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NOTES OF CASES
... ... his first wife had been proved to be still alive was based on the alternative grounds of estoppel per rem judicatam and estoppel by conduct (or in pais, as it is referred to throughout the report). Phillimore J. had no difficulty in ... ...
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THE JUDICIAL ASCERTAINMENT OF CUSTOMARY LAW IN BRITISH AFRICA
... ... at its decision? First, as between the parties and their privies, the decision operates as an estoppel per rem judicatam (if so pleaded) and debars the parties from re-litigating, in later pro- ceedings, the same cause of action, and from ... ...
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NOTES OF CASES
... ... But 'this was subject to the general rules of res judicata. In ancillary proceedings, estoppel per rem judicatam operated to prevent a party from challenging the ground on which the decree was pronounced in the suit and from attacking ... ...
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REVIEWS
Book reviewed in this article: The Place of Negligence in the Law of Torts. By Abraham Harari, M.JUR. (Hebrew University), Advocate (Israel), Senior Lecturer in Law in the University of Tasmania. B...... ... He also examines the problem of estoppel per rem judicatam in the Divorce Court in relation to dismissed charges of cruelty which are the basis of constructive desertion ... ...
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Civil And Criminal Proceedings For Assault
... ... a person has been convicted and punished for an offence by a court of competent jurisdiction, transit in rem judicatam, that is, the conviction shall be a bar to all further proceedings.”48 The common law rule has been relied on so that a ... ...
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