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Litigation with a foreign aspect : a practical guide / Michael James.

By: Material type: TextTextPublisher: New York : Oxford University Press, 2009Description: lxii, 468 pages ; 24 cmContent type:
  • text
Media type:
  • unmediated
Carrier type:
  • volume
ISBN:
  • 0199204721
  • 9780199204724
Subject(s): DDC classification:
  • 347.4205 22
LOC classification:
  • KD681.J87 J36 2009
Contents:
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.
Summary: "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.
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Holdings
Item type Current library Call number Copy number Status Date due Barcode
Book City Campus City Campus Main Collection 347.4205 JAM (Browse shelf(Opens below)) 1 Available A469785B

Includes bibliographical references and index.

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.

"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.

Machine converted from AACR2 source record.

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