Litigation with a Foreign Aspect: A Practical Guide

Author	Michael James
Format	Softcover
ISBN	9780199204724
Publisher	Oxford University Press, Usa
Manufacturer	Oxford University Press, Usa

This book provides a guide to the various issues that may arise when litigation has a foreign element, such as the English courts' jurisdiction, enforcement of a foreign judgment, and when to apply foreign law. It is written in a practical, non-academic manner, and is organized alphabetically based on the type of claim. It addresses controversial issues, such as whether the English courts can decline to exercise jurisdiction derived from EU instruments, and provides extensive use of tables, flow charts, and examples.

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.