Litigation with a Foreign Aspect A Practical Guide

Author: Michael James
Publisher: Oxford University Press
ISBN: 9780199204724
Published In: February 2009
Format: Paperback , 536 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

Out of stock

Description
Contents
Author

Details

Offers a clear, succinct explanation of the often complex rules on international jurisdiction, enabling practitioners to understand them
Written by a practitioner for practitioners
Jurisdictional rules set out in alphabetical order based on type of claim, allowing practitioners to determine quickly whether the English courts have jurisdiction over the claim in question.
Focused treatment of insolvency, employment and shipping, allowing specialists in each of these areas to identify international issues
Extensive use of tables, flow charts and examples, conveying at-a-glance information about different countries and international conventions
Covers all the new rules:Rome I and Rome II on the choice of law; The new Lugano Convention; The new Service Regulation; The New CPR Part 6 on service of documents; European Small Claims and EOP procedures

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.

Part 1: Preliminary
1: Introduction
2: Forum shopping and foreign law
Part 2: Jurisdiction
3: Jurisdiction of the English courts
4: Jurisdiction based on defendant's location in england
5: Jurisdiction based on consent to english jurisdiction
6: Jurisdiction based on subject Matter Connection with England
7: Jurisdiction based on Procedural Connection with England
Part 3: Governing Law
8: Governing Law
Part 4: The Course of Proceedings
9: Issuing and Serving Proceedings
10: Challenging Jurisdiction
11: Interim Remedies
Part 5: Foreign Judgments
12: Foreign Judgments
Part 6: Specialist Areas
13: Arbitration
14: Shipping
15: Employment
16: Insolvency