Private International Law in English Courts

This book offers a restatement of European and English Private International Law as it applies in the English courts. The author has set out to create a contemporary approach to private international law which is distinguished from the traditional approach of describing private international law through its common law foundations. The author places European Regulations, and related statutory material, at the front and centre of the book, reorganising privateinternational law according to the principles that the law is increasingly European and decreasingly insular. As such the work constitutes an approach to the area which is essential for litigators dealing with questions of private international law influenced by forty years of European legislation. Thein-depth discussion will also be valuable to academics specialising in private international law. Written by an academic who is also a practising barrister, this book seeks to highlight the techniques and principles which provide the hidden infrastructure and support mechanisms for the private international law rules of European law, as well as the remaining standing of the common law rules of private international law.The book will be useful to practising lawyers tackling issues of private international law as it now is, after forty years of European legislation, but the in-depth discussion will also be valuable to academic lawyers specialising in private international law. Written by an academic who is also a practising barrister, this book seeks to highlight the techniques and principles which provide the hidden infrastructure and support mechanism for the private international law rules of European law,as well as (albeit second) for the common law rules of private international law.

List of contents

1 Introduction; 2 European law techniques; 3 Common law techniques; 4 Jurisdiction; 5 Judicial assistance; 6 Foreign judgments; 7 Contractual obligations; 8 Non contractual obligations; 9 Property; 10 Corporations; 11 Insolvency; 12 Adult relationships; 13 Children; 14 Arbitration

About the author

Adrian Briggs, Professor of Private International Law, University of Oxford; Fellow of St Edmund Hall, and barrister at Blackstone Chambers.

Summary

This book offers a restatement of European and English Private International Law as it applies in the English courts. The author has set out to create a contemporary approach to private international law which is distinguished from the traditional approach of describing private international law through its common law foundations. The author places European Regulations, and related statutory material, at the front and centre of the book, reorganising private
international law according to the principles that the law is increasingly European and decreasingly insular. As such the work constitutes an approach to the area which is essential for litigators dealing with questions of private international law influenced by forty years of European legislation. The
in-depth discussion will also be valuable to academics specialising in private international law. Written by an academic who is also a practising barrister, this book seeks to highlight the techniques and principles which provide the hidden infrastructure and support mechanisms for the private international law rules of European law, as well as the remaining standing of the common law rules of private international law.

The book will be useful to practising lawyers tackling issues of private international law as it now is, after forty years of European legislation, but the in-depth discussion will also be valuable to academic lawyers specialising in private international law. Written by an academic who is also a practising barrister, this book seeks to highlight the techniques and principles which provide the hidden infrastructure and support mechanism for the private international law rules of European law,
as well as (albeit second) for the common law rules of private international law.

Additional text

Brigg's book is an important contribution to the continuing development of private international law in England & Wales, and to the general development of European private international law. Most significantly, Briggs offers the common lawyer an excellent introductory guide to the methodology and reasoning informing the European Regulations that constitute a still contestable body of EU private international law, one in which evolution should be understood to
prevail over existentialism.

Report

Private International Law in English Courts is an extraordinary piece of scholarship and required reading for anyone involved with English judicial processes. However, this text is much more than a summation of one country's approach to private international law. Instead, Professor Briggs has provided readers with a useful framework for analysis of private international law in any multijurisdictional legal system. S.I. Strong, American Journal of Comparative Law

Product details

• Authors: Adrian Briggs, Adrian (Fellow At St Edmund Hall Briggs, Briggs Adrian
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Released: 30.09.2014
• EAN: 9780198713739
• ISBN: 978-0-19-871373-9
• No. of pages: 1136
• Subjects: Social sciences, law, business > Law > International law, foreign law; LAW / Commercial / General, LAW / International, LAW / Conflict of Laws, LAW / Contracts, Commercial law, contract law, Private International Law & Conflict Of Laws, Private international law and conflict of laws