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Litigation with a Foreign Aspect

Litigation with a Foreign Aspect

A Practical Guide

by Michael James

Paperback / softback Publication Date: 19/03/2009

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.
Private international law & conflict of laws
Paperback / softback
Publication Date:
Oxford University Press
Country of origin:
United Kingdom
Dimensions (mm):
Michael James

Michael James grew up in Penzance, West Cornwall. He moved to London at the age of 18 and worked at the five-star Selsdon Park Hotel before joining Tom Aikens at the two-Michelin star restaurant Pied-a-Terre.

It was here he met his Australian wife Pippa. After moving to Sydney in 2004, he had the opportunity to work and learn with Dave McGuinness and Paul Allam at Bourke Street Bakery.

This job was the start of his baking career, and he has never looked back.

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