Litigation with a Foreign Aspect: A Practical Guide

Paperback | February 26, 2009

byMichael James

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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 ignoreforeign 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. Itaddresses 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.

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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 becau...

Michael James was born in 1953 and educated at Hertford Grammar School and Christ Church, Oxford, where he was an open scholar. After a commercial pupillage in the Temple, he worked for a shipowners' mutual insurer in London and Hong Kong, and then practised as a solicitor for ten years. He returned to the Bar in 1993, when he joined ...

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Format:PaperbackDimensions:384 pages, 9.21 × 6.14 × 0.68 inPublished:February 26, 2009Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199204721

ISBN - 13:9780199204724

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Table of Contents

Part 1: Preliminary1. Introduction2. Forum shopping and foreign lawPart 2: Jurisdiction3. Jurisdiction of the english courts4. Jurisdiction based on defendant's location in england5. Jurisdiction based on consent to english jurisdiction6. Jurisdiction based on subject Matter Connection with England7. Jurisdiction Based on Procedural Connection with EnglandPart 3: Governing Law8. Governing LawPart 4: The Course of Proceedings9. Issuing and Serving Proceedings10. Challenging Jurisdiction11. Interim RemediesPart 5: Foreign Judgements12. Foreign JudgementsPart 6: Specialist Areas13. Arbitration14. Shipping15. Employment16. Insolvency