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Vol 22 No 6 June/July 2017

Book of the Month

Cover of Supperstone, Goudie and Walker: Judicial Review

Supperstone, Goudie and Walker: Judicial Review

Edited by: Helen Fenwick
Price: £267.00

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Judicial Remedies in the Conflict of Laws

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Olusoji EliasLecturer of Law, University of Buckingham

ISBN13: 9781901362213
ISBN: 1901362213
Published: February 2001
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00

Despatched in 8 to 10 days.

The practical and theoretical policy underpinning the use of judicial remedies on private international law are now assuming great importance within the framework of increasing cross-border litigation. This book is designed to treat these remedies in an analytical and systematic fashion.

The forms of relief available, interlocutory and final, have developed into a category of their own, with distinctive principles and considerations. Arising out of a blend of international conventions, national legislation and the jurisprudence of the courts, the remedies have developed their own character quite distinct from the remedies available in national courts under domestic law.

Divided into ten chapters, the book provides an analysis of each remedy in theoretical and policy terms, and a practical discussion of the remedies in personam and in rem. Written primarily from the perspective of English law the text also makes use of plentiful comparative examples and will be useful to academics and practitioners alike.

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Conflict of Laws
Part 1 Introduction. Background: localization, characterization, substance and procedure; some cognate matters - limitation, evidence; classifications of relief; scope and perspective of a book on conflicts relief; comparative law dimensions; structure and composition of the book.
Part 2 Remedialist theory and policy - exploring single bright line logic. Forum policy: the ultimate local form and the transnational context. Forum policy: procedural justiciability in the conflict of laws - the remedial dimensions; convenience (as practicability) in remedial adjudication; rational or judicial justice; efficience - minimizing procedural conflicts; legal mandation, public policy, state interest. Applicable remedial law: where are we now?; Barings - a case study; the facts and the contentions; the issues - ""proper law"", ""remedy""; the decision and its consequences and implications; a(n interim) conclusion - the problem. Enforcing non-""self-executing"" remedies: enforcement, execution; the role of the lex fori; territory and res judicata. Objective localization: Barings resumed - remedies and the centre of gravity; conclusion.
Part 3 particular relief in personam. Compensatory damages and other money awards in personam: preliminary; compensatory damages; restitutionary (or disgorgement) damages; equitable damages; nominal and contemptuous damages; aggravated damages; exemplary or punitive damages; damages under European Union law; an addendum - A.G. v. Blake. Injunctions and interim relief: essence and variety of injunctive relief; interlocutory injunctions; antisuit injunctions; freezing orders (the Mareva jurisdiction); staying forum actions and the declination of jurisdiction; further interim orders; final injunctions. Remedial performance of contracts: specific performance in domestic, conflicts and comparative law; availability of and scope for specific performance in conflicts cases; the relevant principles from jurisdiction; the procedural aspects - the action for specific performance; comparativist perspectives; a recapitulation; other performance relief - judicial enforcement of contractually stipulated remedies; conclusion. Remedial restitution: forum perspectives on localizing restitution; formal aspects of restitutionary recovery; personal restitutionary remedies; restitution of money had and received and of money paid; restitution by a quantum meruit or a quantum valebat - reasonable recompense; restitution by an account of profits; rescission of voidable contracts; proprietary restitutionary remedies; tracing orders - legal and equitable; subrogation; judicial imposition of a constructive trust or of a lien; conclusion.
Part 4 Relief in rem. Remedial declarations and relief in rem: jurisdictional and other factors of general application; interpretations of European Union law; the construction of legal instruments; family law and status cases; negative declarations; a note about other relief in rem.
Part 5 Envoi. Remedies and localism.