Foreign Law in English Courts: Pleading, Proof and Choice of Law by Richard FentimanForeign Law in English Courts: Pleading, Proof and Choice of Law by Richard Fentiman

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

byRichard Fentiman

Hardcover | June 1, 1998

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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 elementsin 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, andwhether 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, offersa 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. Thebook will be recognised by practitioners and scholars alike as a welcome addition to the series of Oxford Monographs in Private International Law.
Richard Fentiman was a Practising solicitor at Clifford Chance between 1978 and 1981. He has been a Fellow of Queen's College Cambridge since 1981, and is a Reader in Private International Law at the University of Cambridge.
Title:Foreign Law in English Courts: Pleading, Proof and Choice of LawFormat:HardcoverDimensions:368 pages, 9.21 × 6.14 × 0.94 inPublished:June 1, 1998Publisher:Oxford University Press

The following ISBNs are associated with this title:

ISBN - 10:019825878X

ISBN - 13:9780198258780

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Table of Contents

Table of casesTable of statutes1 Introduction. 2 The role of foreign law. 3 Party choice and foreign law. 4 Party choice and proof. 5 Exercising party choice. 6 Proof by experts. 7 Improving expert proof. 8 Replacing party experts. 9 Comparative excursus. 10 Policy, principle and reform. Index

Editorial Reviews

"A book of remarkable wealth", Horatia Muir Watt, Revue Critique - January-March 1999