Litigation with a Foreign Aspect
A Practical Guide
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Product details:
- Publisher OUP Oxford
- Date of Publication 26 February 2009
- ISBN 9780199204724
- Binding Paperback
- No. of pages532 pages
- Size 234x156x29 mm
- Weight 803 g
- Language English 0
Categories
Short description:
This is a practical guide to the difficult problems which arise when litigation has a foreign element, dealing with these matters in an accessible non-academic way, with detailed guidance to procedure.
MoreLong description:
This is a practical guide to the problems which arise when litigation has a foreign element, for example:
· The defendant is resident abroad: do the English courts have jurisdiction?
· Is it best to bring proceedings in England or in another country?
· How do you enforce a foreign judgment in England?
· Can you get security for costs because the defendant is resident abroad?
· When do the English courts apply foreign law?
This area is a minefield. It may require navigating through complex EU instruments -the Judgments Regulation, the Brussels or Lugano Conventions - and working out how they relate to each other and to the traditional common law rules. Difficult tactical points may arise, such as whether to ignore foreign proceedings on the basis that a foreign default judgment may be unenforceable in England. Practical issues may include how to serve process in any particular foreign country - can you do it by post, or through agents? Must you serve through official channels?
This book deals with these matters in a practical non-academic way, with detailed guidance to procedure. It sets out the jurisdictional rules in alphabetical order based on the type of claim - contract, insurance, land etc - and clearly explains the inter-relation of the different regimes. It addresses controversial issues such as whether the English courts can ever decline to exercise jurisdiction derived from the EU instruments. It has a focused treatment of specialist areas such as insolvency, employment and shipping. It makes extensive use of tables, flow charts and examples.
Table of Contents:
Part 1: Preliminary
Introduction
Forum shopping and foreign law
Part 2: Jurisdiction
Jurisdiction of the English courts
Jurisdiction based on defendant's location in england
Jurisdiction based on consent to english jurisdiction
Jurisdiction based on subject Matter Connection with England
Jurisdiction based on Procedural Connection with England
Part 3: Governing Law
Governing Law
Part 4: The Course of Proceedings
Issuing and Serving Proceedings
Challenging Jurisdiction
Interim Remedies
Part 5: Foreign Judgments
Foreign Judgments
Part 6: Specialist Areas
Arbitration
Shipping
Employment
Insolvency
