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Edited by: Mark Arnold KC, Simon Mortimore KC
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Lord Denning: Life, Law and Legacy



  


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Conflict of Laws Within the UK


ISBN13: 9780199202454
Published: October 2007
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £225.00



Despatched in 6 to 8 days.

This is the first major treatment of the conflict of laws within the UK, a subject often dealt with only incidentally in the main texts on private international law. In particular, the book examines the effect of the UK's changing constitutional arrangements on questions of jurisdiction, choice of law and issues of recognition and enforcement which arise within the UK.

The book offers practical guidance on the applicable rules in intra-UK conflicts situations with sections devoted to forum shopping within the UK, and other procedural matters. A chapter is also included on the impact of EU legislation on intra-UK conflicts, concluding with a discussion on how "Europeanization" might affect the conflict of laws in the UK. There is also coverage of how public policy functions in the conflict of laws.

  • A single resource providing a discussion of the theory and practice of intra-UK conflicts issues in one volume
  • Analysis of issues structured and presented clearly to enable rapid identification and understanding of the relevant rules and principles
  • Consideration of the impact of EU legislation and the devolution of powers from Westminster on intra-UK conflicts issues
  • Special chapter focusing upon public policy issues affecting intra-UK conflicts

  • Subjects:
    Conflict of Laws
    Contents:
    Introduction
    1. Roots and context of the conflict of laws within the UK
    Introduction
    Necessary conditions for the development of the conflict of laws
    Barriers to the development of conflict of laws rules
    Failure of seventeenth century political changes to remove the underlying need for conflict rules
    Early development of conflict rules within the British Isles
    Conclusion
    2. The constitutionalization of conflicts within the UK
    The constitutionalization of conflicts
    The constitutionalization of conflicts prior to the devolution settlements
    The constitutionalization of conflicts and the devolution settlements
    Undesirability of further constitutionalization of conflicts
    Conclusion
    3. The internalization of conflicts within the UK
    The internalization of conflicts
    UK common market law
    Recognition and enforcement
    Internalization of conflicts and judge-made law
    Conclusion
    4. The application of conflict rules within the UK
    Introduction
    Similarity of conflict rules within the UK
    Procedural matters
    Status
    The laws of property and succession
    Tort and delict
    Intra-national forum shopping in the UK
    The effect of the new constitutional arrangements on intra-national conflicts in the UK
    Conclusion
    5. The impact of European Union legislation on intra-UK conflict rules
    Introduction
    Jurisdiction
    Choice of law
    Recognition and enforcement
    Europeanization: the beginning of the end for conflict of laws?
    6. Public policy in intra-UK conflict of laws
    The different facets of public policy
    Underlying public policy and internal public policy in the UK
    The application of external public policy within the UK at common law
    The availability of external public policy objections under statute within the UK
    Constitutionalization and external public policy
    Community public policy
    Human rights
    Conclusion
    7. Conclusion
    Development of conflict rules in the UK
    Dealing with intra-national conflicts
    Scope of traditional conflict rules in intra-national disputes in the UK
    Public policy
    The impact of European Union membership ;

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