Subjects:

Conflict of Laws

Contents:

Introduction

1. Roots and context of the conflict of laws within the UK

Introduction

Necessary conditions for the development of the conflict of laws

Barriers to the development of conflict of laws rules

Failure of seventeenth century political changes to remove the underlying need for conflict rules

Early development of conflict rules within the British Isles

Conclusion

2. The constitutionalization of conflicts within the UK

The constitutionalization of conflicts

The constitutionalization of conflicts prior to the devolution settlements

The constitutionalization of conflicts and the devolution settlements

Undesirability of further constitutionalization of conflicts

Conclusion

3. The internalization of conflicts within the UK

The internalization of conflicts

UK common market law

Recognition and enforcement

Internalization of conflicts and judge-made law

Conclusion

4. The application of conflict rules within the UK

Introduction

Similarity of conflict rules within the UK

Procedural matters

Status

The laws of property and succession

Tort and delict

Intra-national forum shopping in the UK

The effect of the new constitutional arrangements on intra-national conflicts in the UK

Conclusion

5. The impact of European Union legislation on intra-UK conflict rules

Introduction

Jurisdiction

Choice of law

Recognition and enforcement

Europeanization: the beginning of the end for conflict of laws?

6. Public policy in intra-UK conflict of laws

The different facets of public policy

Underlying public policy and internal public policy in the UK

The application of external public policy within the UK at common law

The availability of external public policy objections under statute within the UK

Constitutionalization and external public policy

Community public policy

Human rights

Conclusion

7. Conclusion

Development of conflict rules in the UK

Dealing with intra-national conflicts

Scope of traditional conflict rules in intra-national disputes in the UK

Public policy

The impact of European Union membership

This is the first major treatment of the conflict of laws within the UK, a subject often dealt with only incidentally in the main texts on private international law. In particular, the book examines the effect of the UK's changing constitutional arrangements on questions of jurisdiction, choice of law and issues of recognition and enforcement which arise within the UK.

The book offers practical guidance on the applicable rules in intra-UK conflicts situations with sections devoted to forum shopping within the UK, and other procedural matters. A chapter is also included on the impact of EU legislation on intra-UK conflicts, concluding with a discussion on how "Europeanization" might affect the conflict of laws in the UK. There is also coverage of how public policy functions in the conflict of laws.