Clarkson & Hill's Conflict of Laws, now in its fifth edition, provides a clear and up-to-date account of private international law topics. Theoretical issues and fundamental principles are introduced in the first chapter and expanded upon in later chapters. Basic principles of the conflict of laws are presented, offering clarity on complex points and terminology. The fifth edition reflects the field's changing focus from case law to domestic and European legislation, incorporating the Brussels I Regulation and Brussels II Revised Regulation, as well as the more recent Rome Regulations and Brussels I Recast. Embracing this reorientation of the field and increased emphasis on the recognition and enforcement of judgments, the chapters provide detailed commentary on the most important commercial topics as well as the most relevant topics in family law.
Jonathan Hill and Máire Ní Shúilleabháin
The role of a student or practitioner in the dispute resolution (or litigation) department is to assist in the procedural and theoretical aspects of a client’s case. These latter aspects can include consideration of matters that can determine where an action proceeds and whether it is capable of proceeding. This chapter deals with issues that may be considered either before seeing a client on a new matter, at the first meeting, or, more commonly, after receiving detailed instructions and reflecting on the overall issues in the case. It considers jurisdiction and governing law; the capacity to sue or be sued; limitation; the legal components of an action; and remedies.
N V Lowe and G Douglas
This chapter begins by discussing the revised Brussels II Regulation, which has become the preeminent instrument within the EU and provides the basic rules of jurisdiction for hearing cases concerning children. It then examines the international aspects of adoption and, in that context, the 1993 Hague Convention on Intercountry Adoption. Next, it turns to the most developed area of international child law, namely international parental child abduction, and in respect of which a number of international instruments come into play. Finally, it discusses the international protection of children as governed by the 1996 Hague Convention on the Protection of Children which the UK ratified in 2012.
This chapter examines the jurisdiction of the English court and the choice of law process in proceedings for divorce, judicial separation, and annulment of marriage, and the extent to which the decrees of foreign courts in such matrimonial cases are recognised in England. It discusses similar rules which have been introduced in relation to same-sex marriage and civil partnership. Finally, the chapter considers the powers of the English court to grant financial relief and to recognise foreign maintenance orders. The Domicile and Matrimonial Proceedings Act 1973 introduced new uniform grounds of jurisdiction for matrimonial proceedings. These grounds were based on the policy that at least one of the parties, whether husband or wife, applicant or respondent, should have a sufficient connection with England to make it reasonable for the English court to deal with the case and likely that the divorce would be recognised in other countries. The Brussels II bis Regulation imposes uniform jurisdictional rules throughout the European Union (except Denmark, which did not participate in the adoption of the Regulation) and provides for almost automatic recognition of divorces, annulments, and separations granted by the courts of the Member States.
This chapter describes the private enforcement of Articles 101 and/or 102 as a matter of EU law, with particular emphasis on the Damages Directive. It also deals with the extensive experience of private actions in the UK courts. The chapter considers the use of competition law as a defence, for example to an action for breach of contract or infringement of an intellectual property right. The chapter concludes with a brief discussion of issues that can arise where competition law disputes are referred to arbitration rather than to a court for resolution.
This chapter describes the private enforcement of competition law, that is to say the situation where litigants take their disputes to a domestic court or, quite often, to arbitration. It will deal with the private enforcement of Articles 101 and/or 102 as a matter of EU law, with particular emphasis on the Damages Directive. It also describes private actions for damages and injunctions in the High Court and the UK Competition Appeal Tribunal. The chapter considers the use of competition law as a defence, for example to an action for breach of contract or infringement of an intellectual property right. The chapter concludes with a brief discussion of issues that can arise where competition law disputes are referred to arbitration rather than to a court for resolution.