Conflict of Laws

Private International Law in English Courts

By Adrian Briggs
Oxford University Press November 2014

Specifications

ISBN-13
9780198713739
Publisher
Oxford University Press
Publication
November 2014
Format
Hardback , 1136 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

  • The first book to provide a major restatement of the rules of Private International Law in the English Courts
  • Provides a major new restatement of the rules of Private International Law in the English Courts
  • Accepts that European regulation now provides the framework for private international law
  • Identifies from the case law how this pan-European approach provides a new orientation for the treatment of conflict of laws
  • Written by a pre-eminent scholar in the field of private international law

This book offers a restatement of European and English Private International Law as it applies in the English courts. The author has set out to create a contemporary approach to private international law which is distinguished from the traditional approach of describing private international law through its common law foundations. The author places European Regulations, and related statutory material, at the front and centre of the book, reorganising private international law according to the principles that the law is increasingly European and decreasingly insular. As such the work constitutes an approach to the area which is essential for litigators dealing with questions of private international law influenced by forty years of European legislation. The in-depth discussion will also be valuable to academics specialising in private international law. Written by an academic who is also a practising barrister, this book seeks to highlight the techniques and principles which provide the hidden infrastructure and support mechanisms for the private international law rules of European law, as well as the remaining standing of the common law rules of private international law. 

The book will be useful to practising lawyers tackling issues of private international law as it now is, after forty years of European legislation, but the in-depth discussion will also be valuable to academic lawyers specialising in private international law. Written by an academic who is also a practising barrister, this book seeks to highlight the techniques and principles which provide the hidden infrastructure and support mechanism for the private international law rules of European law, as well as (albeit second) for the common law rules of private international law.

Readership: Practitioners dealing with issues of private international law and legal scholars with a research interest in the field.

Table of Contents

1: Introduction
2: European law techniques
3: Common law techniques
4: Jurisdiction
5: Judicial assistance
6: Foreign judgments
7: Contractual obligations
8: Non contractual obligations
9: Property
10: Corporations
11: Insolvency
12: Adult relationships
13: Children
14: Arbitration

About the Author

Adrian Briggs, Professor of Private International Law, University of Oxford; Fellow of St Edmund Hall, and barrister at Blackstone Chambers.

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