Conflict of Laws Within the UK

Hardcover | October 24, 2007

byKirsty J Hood

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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. The book's approach to the treatment of intra-UK conflicts is enhanced by a comparative analysis of the recent response of Canada and Australia to,respectively, interprovincial and interstate conflicts.

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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 enfo...

Kirsty Hood is an Advocate at the Scottish Bar, in general civil practice (including personal injury, commercial, property and succession law) with a particular interest in private international law issues. She has a PhD (University of Glasgow); thesis entitled The effect of constitutional relations between Scotland and England on the...
Format:HardcoverDimensions:304 pages, 9.21 × 6.14 × 0.87 inPublished:October 24, 2007Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199202451

ISBN - 13:9780199202454

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Table of Contents

Introduction1. Roots and context of the conflict of laws within the UKIntroductionNecessary conditions for the development of the conflict of lawsBarriers to the development of conflict of laws rulesFailure of seventeenth century political changes to remove the underlying need for conflict rulesEarly development of conflict rules within the British IslesConclusion2. The constitutionalization of conflicts within the UKThe constitutionalization of conflictsThe constitutionalization of conflicts prior to the devolution settlementsThe constitutionalization of conflicts and the devolution settlementsUndesirability of further constitutionalization of conflictsConclusion3. The internalization of conflicts within the UKThe internalization of conflictsUK common market lawRecognition and enforcementInternalization of conflicts and judge-made lawConclusion4. The application of conflict rules within the UKIntroductionSimilarity of conflict rules within the UKProcedural mattersStatusThe laws of property and successionTort and delictIntra-national forum shopping in the UKThe effect of the new constitutional arrangements on intra-national conflicts in the UKConclusion5. The impact of European Union legislation on intra-UK conflict rulesIntroductionJurisdictionChoice of lawRecognition and enforcementEuropeanization: the beginning of the end for conflict of laws?6. Public policy in intra-UK conflict of lawsThe different facets of public policyUnderlying public policy and internal public policy in the UKThe application of external public policy within the UK at common lawThe availability of external public policy objections under statute within the UKConstitutionalization and external public policyCommunity public policyHuman rightsConclusion7. ConclusionDevelopment of conflict rules in the UKDealing with intra-national conflictsScope of traditional conflict rules in intra-national disputes in the UKPublic policyThe impact of European Union membership