Private International Law — Overview

Publications

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Journal Articles

2013

A Briggs, 'Recognition of Foreign Judgments: A Matter of Obligation' (2013) 129 (2013) Law Quarterly Review, Sweet & Maxwell 87 [...]

Evaluation of the theory explaining which foreign judgments have an effect (and if any, what effect) in the English legal order.


ISBN: 0023-933X

2012

A Briggs, 'The subtle variety of jurisdiction agreements' (2012) informa; Lloyd's Maritime & Commercial Law Quarterly 364 [...]

Analysis of and reflection upon the various functions of jurisdiction agreements at common law and in the regime of the Brussels I Regulation


ISBN: 0306 2945

2011

A Briggs, 'What shold be done about jurisdiction agreements ?' (2011) 12 Yearbook of Private International Law / Sellier European Law Publishers 311 [...]

Consideration of the approach to be taken to disputed jurisdiction agreements in the particular context of the proposals for the reform of the Brussels I Regulation.


ISBN: 9783866531895

Books

2009

A Briggs, Civil Jurisdiction and Judgments, Fifth Edition (P J Rees (no authorial role), informa 2009) [...]

The law on civil jurisdiction and the recognition of judgments


ISBN: 9781843118152

2008

A Briggs, Agreements on Jurisdiction and Choice of Law (OUP: Oxford Private International Law Series 2008) [...]

Analysis of common and European law as it governs and relates to agreements on jurisdiction and choice of law, including attention to scope, validity, drafting, and enforcement by direct and indirect means.


ISBN: 9780199282302

Chapters

2011

A Briggs, 'The Rejection of Abuse in International Civil Procedure' in Rita de la Feria and Stefan Vogenauer (eds), Prohibition of Abuse of Law (Hart Publishing 2011) [...]

Analysis of the principe of abuse of law as a component (or not) of private international law so far as this is governed by European Union law.


ISBN: 978184113988

Others

2012

A Briggs, 'The Principle of Comity in Private International Law' (2012) 354 Receuil des Cours: Collected Courses of the Hague Academy of International Law 65 [...]

Text of a course on the nature and role of comity in private inernational law derived from lectures given at the Hague Academy in June 2011


ISBN: 9789004227286

Courses

The courses we offer in this field are:

Postgraduate

BCL

Our taught postgraduate programme, designed to serve outstanding law students from common-law backgrounds

Conflict of Laws

The Conflict of Laws, or Private International Law, is concerned with private (mainly commercial) law cases, where the facts which give rise to litigation contain one or more foreign elements. A court may be asked to give relief for breach of a commercial contract made abroad, or to be performed abroad, or to which one or both of the parties is not English. It may be asked to grant relief in respect of an alleged tort occurring abroad, or allow a claimant to trace and recover funds which were fraudulently removed, and so on. In fact this component of the course, in which a court chooses which law or laws to apply when adjudicating a civil claim, represents its middle third. Prior to this comes the issue of jurisdiction; that is, when an English court will find that it has, and will exercise, jurisdiction over a defendant who is not English, or over a dispute which may have little to do with England or with English law. Closely allied to this is the question of what, if anything, may be done to impede proceedings which are underway in a foreign court but which really should not be there at all. The remaining third of the course is concerned with the recognition and enforcement of foreign judgments, to determine what effect, if any, these have in the English legal order.

In England the subject has an increasingly European dimension,not only in relation to the jurisdiction of courts and the recognition and enforcement of judgements but also for choice of law as it applies to contractual and non-contractual obligations. The purpose of the course is to examine the areas studied by reference to case law and statute, and to aim at acquiring an understanding of the rules, their operation and inter-relationship, as would be necessary to deal with a problem arising in international commercial litigation.

The teaching is principally in the hands of Adrian Briggs and Edwin Peel. In principle the course is introduced by a set of lectures, covered by a set of seminars which take the form of problem classes; and supplemented by a diet of tutorials.

MJur

Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.

Conflict of Laws

The Conflict of Laws, or Private International Law, is concerned with private (mainly commercial) law cases, where the facts which give rise to litigation contain one or more foreign elements. A court may be asked to give relief for breach of a commercial contract made abroad, or to be performed abroad, or to which one or both of the parties is not English. It may be asked to grant relief in respect of an alleged tort occurring abroad, or allow a claimant to trace and recover funds which were fraudulently removed, and so on. In fact this component of the course, in which a court chooses which law or laws to apply when adjudicating a civil claim, represents its middle third. Prior to this comes the issue of jurisdiction; that is, when an English court will find that it has, and will exercise, jurisdiction over a defendant who is not English, or over a dispute which may have little to do with England or with English law. Closely allied to this is the question of what, if anything, may be done to impede proceedings which are underway in a foreign court but which really should not be there at all. The remaining third of the course is concerned with the recognition and enforcement of foreign judgments, to determine what effect, if any, these have in the English legal order.

In England the subject has an increasingly European dimension,not only in relation to the jurisdiction of courts and the recognition and enforcement of judgements but also for choice of law as it applies to contractual and non-contractual obligations. The purpose of the course is to examine the areas studied by reference to case law and statute, and to aim at acquiring an understanding of the rules, their operation and inter-relationship, as would be necessary to deal with a problem arising in international commercial litigation.

The teaching is principally in the hands of Adrian Briggs and Edwin Peel. In principle the course is introduced by a set of lectures, covered by a set of seminars which take the form of problem classes; and supplemented by a diet of tutorials.

MSc (Master's in Law and Finance)

Conflict of Laws

The Conflict of Laws, or Private International Law, is concerned with private (mainly commercial) law cases, where the facts which give rise to litigation contain one or more foreign elements. A court may be asked to give relief for breach of a commercial contract made abroad, or to be performed abroad, or to which one or both of the parties is not English. It may be asked to grant relief in respect of an alleged tort occurring abroad, or allow a claimant to trace and recover funds which were fraudulently removed, and so on. In fact this component of the course, in which a court chooses which law or laws to apply when adjudicating a civil claim, represents its middle third. Prior to this comes the issue of jurisdiction; that is, when an English court will find that it has, and will exercise, jurisdiction over a defendant who is not English, or over a dispute which may have little to do with England or with English law. Closely allied to this is the question of what, if anything, may be done to impede proceedings which are underway in a foreign court but which really should not be there at all. The remaining third of the course is concerned with the recognition and enforcement of foreign judgments, to determine what effect, if any, these have in the English legal order.

In England the subject has an increasingly European dimension,not only in relation to the jurisdiction of courts and the recognition and enforcement of judgements but also for choice of law as it applies to contractual and non-contractual obligations. The purpose of the course is to examine the areas studied by reference to case law and statute, and to aim at acquiring an understanding of the rules, their operation and inter-relationship, as would be necessary to deal with a problem arising in international commercial litigation.

The teaching is principally in the hands of Adrian Briggs and Edwin Peel. In principle the course is introduced by a set of lectures, covered by a set of seminars which take the form of problem classes; and supplemented by a diet of tutorials.


People

Conflict of Laws teaching is organized by a Subject Group convened by:

Edwin Peel: Professor of Law

in conjunction with:

Adrian Briggs: Professor of Private International Law

Also working in this field, but not involved in its teaching programme:

Francis Reynolds: Emeritus Professor of Law at Worcester College
Wolf-Georg Ringe: Departmental Lecturer


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