Litigation with a foreign aspect
By: Michael James.
Publisher: Oxford University Press
Published: 2009
Place of publication: New York
Language: eng
Number of pages: 512
ISBN-13: 9780199204724
Subjects: Conflict of laws -- Jurisdiction -- England; Conflict of laws -- Civil procedure -- England; Conflict of laws -- Commercial law -- England; Judicial assistance -- England
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."--Publisher's website.
Table of contents: title: Forum shopping and foreign law; title: Jurisdiction of the English courts : the regimes; title: Jurisdiction based on defendant's location in England; title: Jurisdiction based on consent to English jurisdiction; title: Jurisdiction based on subject-matter connection with England; title: Jurisdiction based on procedural connection with England; title: Governing law; title: Issuing and serving proceedings; title: Challenging service and jurisdiction; title: Interim remedies; title: Foreign judgments; title: Arbitration; title: Shipping; title: Employment; title: Insolvency.