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Vol 21 No 10 Oct/Nov 2016

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Criminal Injuries Compensation Claims

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Foreign Law in English Courts: Pleading, Proof and Choice of Law


ISBN13: 9780198258780
ISBN: 019825878X
Published: June 1998
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £120.00



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The pleading and proof of foreign law are often treated as atters of peripheral importance. But, in reality, how foreign law is established, and whether is must be established at all, are central issues in private international law.

Whether litigants are free to ignore the foreign elements in a dispute goes to the heart of the conflicts process, and without effective means to establish foreign law the very purpose of that process is subverted.

Such issues give rise to particular problems in English law. It is often unclear whether the rules for choice of law are mandatory, and whether the application of foreign law is therefore required. The cost and uncertainty of establishing foreign law may also affect how cases are argued and decided, and may discourage litigants from suing at all.

This book, the first to examine the topic from the perspective of English law, offers a radical reappraisal of a long-neglected subject. Fentiman argues that the law is both more complex, and more defensible, than had previously been supposed.

He provides a practical guide to the subject and in so doing presents the conflict of laws in a way which is both novel and illuminating. The book will be recognised by practitioners and scholars alike as a welcome addition to the series of Oxford Monographs in Private International Law.

Subjects:
Conflict of Laws
Contents:
I INTRODUCTION
1. Introduction

II LEGAL RISK AND MULTISTATE TRANSACTIONS
2. Managing Litigation Risk
3. Managing Transaction Risk

III THE LAWS GOVERNING MULTISTATE LITIGATION
4. The Laws Governing Multistate Transactions
5. The Dynamics of Choice of Law
6. The Content of Foreign Law

IV COMMENCING PROCEEDINGS
7. Strategic Choices
8. The Framework of Jurisdiction
9. Establishing Jurisdiction

V PREVENTING PROCEEDINGS
10. Policy, principle and reform Excluded Claims
11. Declining Jurisdiction: Regulation 44/2001
12. Declining Jurisdiction: Residual Rules
13. Procedural Objections
14. Preclusive Proceedings
15. Restraining Foreign Proceedings

VI RECOVERY AND ENFORCEMENT
16. Recovering Transaction Loss
17. Preserving Judgment Assets
18. Enforcing Judgment Debts

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