Private International Law in English Courts 2nd ed

The first edition of this book offered a restatement of European and English Private International Law as it was applied in the English courts. The decision of the UK to withdraw from the EU, and of the EU to bar the UK from entry to the Lugano Convention, has meant that the broad structure of the book needed fundamental change to reflect the new - but in some ways, much more archaic - law. In working out and working through the complex consequences of the separation, it is apparent that the law has lost some of the coherence it had developed. Whether the rough edges of the new system can be smoothed, and how that can be achieved, is something which only time will tell. In this developing situation, this new edition endeavours to describe and explain how it all works (and sometimes does not work).

The book provides critical analysis and guidance relevant both before and during litigation. Written by an academic and practising barrister with over 40 years of experience, this book offers an approach to private international law as it stands six years after the national referendum, in much the same way as the previous edition did with the hybrid system of English and European law before that event. Only by having understood the state, structure, and coherence of the law prior to Brexit, can one really comprehend the effect of the new legal reality.

Key Features

• Provides a major new restatement of the rules of private international law in the English Courts
• Assesses the changes to private international law brought about by and as a result of Brexit
• Considers the extent to which pre-Brexit legal reasoning may need to be reconsidered when dealing with issues of private international law
• Written by a pre-eminent scholar in the field of private international law

New to this Edition:

• Brexit and its aftermath, for the law on jurisdiction, on applicable law, and on foreign judgments, in proceedings before the English courts

table of content

1. Introduction

 

2. Tools and Techniques

 

3. Jurisdiction

 

4. Ancillary Measures

 

5. Foreign Judgments

 

6. Contractual Obligations

 

7. Non-Contractual Obligations

 

8. Property

 

9. Corporations

 

10. Adults

 

11. Children

 

12. Arbitration