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Litigation with a Foreign Aspect - A Practical Guide (Paperback)
Loot Price: R7,520
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Litigation with a Foreign Aspect - A Practical Guide (Paperback)
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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 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."
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