Users without a subscription are not able to see the full
content. Please,
subscribe
or
login
to access all content.
Contents
- Preliminary Material
- Main Text
- 1 Introduction and Plan
- A Introduction
- B The Common Law Approach to Private International Law
- C Fundamentals of the Common Law Rules of Private International Law
- D The European Scheme of Private International Law
- E Arrangement of This Book
- 2 European Rules of Private International Law
- A Introduction
- B The Law
- 2.14
- 2.15
- 2.16
- 2.17
- 2.18
- (1) The rules are rules of European law
- (2) Legislative terms have a uniform meaning
- (3) Interpretation should promote legal certainty
- (4) Legislative terms should have a common meaning across the Regulations
- (5) All linguistic versions of European legislation are equally authentic
- (6) The functional distinction between general and exceptional rules
- (7) Legislative provisions should not generally overlap
- (8) Interpretation should protect the position of weaker parties
- (9) Interpretation should protect the rights of the defence
- (10) The interpretation of habitual residence as a connecting factor
- (11) Evidence and procedure are European terms of art in European legislation
- (12) Excluded matters are European terms of art when used in European legislation
- 3 Common Law Rules of Private International Law
- A Introduction
- B The Law
- 3.15
- 3.16
- 3.17
- (1) Foreign law in English courts
- 3.18
- 3.19
- a The rules which identify the applicable law must point to a foreign law
- b The applicability of foreign law is not overridden by English legislation
- c If foreign law is potentially applicable, its application must be pleaded
- d Foreign law which is applicable and pleaded must be proved as to its content
- e Alternative approaches
- f The precise application of foreign law
- (2) Characterization of legal issues
- (3) The principle of renvoi and the meaning of ‘law’
- (4) Incidental questions of the applicable law
- (5) The common law approach to connecting factors in general
- (6) Personal connecting factors used in the common law: domicile, residence, and nationality
- (7) The treatment of statutes in the common law conflict of laws
- (8) The principle of comity
- (9) The legacy of the separate history of common law and equity
- (10) Dissatisfaction with the basic approach of the common law rules
- (11) The common law approach to issues of procedure
- (12) The exclusion of penal, revenue, and public laws of the lex causae
- 4 Jurisdiction
- A Types and Bases of Jurisdiction
- B The Brussels I Regulation, Regulation 1215/2012
- 4.19
- 4.20
- 4.21
- 4.22
- 1 Legislative history
- 2 The Brussels and Lugano instruments
- 3 Commencing proceedings where the Regulation confers jurisdiction
- C The Law
- 4.44
- 4.45
- 4.46
- 4.47
- 4.48
- (1) The scope and effect of the Regulation: date, subject matter, and domicile: Articles 1, 5, 62, 63, 66, and 73
- 4.49
- a Temporal scope of the Regulation: Article 66
- b International scope of the Regulation
- c Material scope of the Regulation: Article 1
- d Included matters: Article 1
- e Non-included matters: Article 1
- f Excluded matters: Article 1
- i Revenue, customs and administrative matters
- ii Acta iure imperii
- iii Matters specifically excluded by Article 1(2)
- iv Identification of the principal subject matter
- v Reference to claim, not to defence
- vi Bankruptcy and insolvency: Article 1(2)(b)
- vii Relationship with the Insolvency Regulation
- viii Status and capacity of natural persons; matrimonial property; maintenance obligations; wills and succession: Article 1(2)(a), (e), (f)
- ix Social security: 1(2)(c)
- x Arbitration: Article 1(2)(d)
- g The nature and significance of domicile within the Regulation scheme: Articles 4 and 5
- h The exhaustive nature of the jurisdictional rules set out in the Regulation: Article 5
- i Jurisdiction over matters not falling within the scope of the Regulation
- (2) Jurisdiction under another international instrument: Articles 67, 71, and 73
- (3) Exclusive jurisdiction regardless of domicile: Article 24
- 4.113
- 4.114
- 4.115
- 4.116
- a Proceedings which have as their object. . .
- b Rights in rem in immovable property: Article 24(1)
- c Tenancies of immovable property: Article 24(1)
- d The validity of companies or decisions of their organs: Article 24(2)
- e The validity of entries on public registers: Article 24(3)
- f The registration or validity of certain intellectual property rights: Article 24(4)
- g The enforcement of judgments from Member States: Article 24(5)
- (4) Prorogation of jurisdiction by appearance: Article 26
- (5) Privileged jurisdiction in matters relating to insurance: Articles 10 to 16
- (6) Privileged jurisdiction over certain contracts made by consumers: Articles 17 to 19
- (7) Privileged jurisdiction over individual contracts of employment: Articles 20 to 23
- (8) Prorogation of jurisdiction by agreement in writing: Article 25
- 4.179
- 4.180
- 4.181
- 4.182
- a Irrelevance of domicile
- b Function or functions of agreements on jurisdiction of court
- c Content and construction of the agreement
- d The formal conditions which ‘guarantee’ the validity of agreement
- e Other challenges to validity of agreement
- f Separateness from substantive contract
- g Nature of ‘agreement’ to jurisdiction
- h Reference to law of court chosen
- i Who is to be taken as having agreed?
- j Managing proceedings in which jurisdiction is simply disputed
- k Incorporation by reference
- l Lis alibi pendens and torpedo actions
- m Legal effect of Article 25
- n Further reform of Article 25
- (9) General jurisdiction based on the domicile of the defendant: Article 4
- (10) Special jurisdiction over a defendant domiciled in another Member State: Articles 7 to 9
- 4.227
- 4.228
- a Special jurisdiction according to subject matter of proceedings: Article 7
- b Special jurisdiction in matters relating to a contract: Article 7(1)
- 4.230
- i Matters relating to a contract
- ii Obligation freely entered into
- iii Ascertainability of counterparty
- iv Existence of contract in controversy
- v Claim resulting from failed contract
- vi Relationship to applicable law
- vii The place for performance of the obligation question
- viii General cases
- ix Risk of jurisdictional manipulation of place of performance
- x Sale of goods and provision of services: Article 7(1)(b)
- xi Contracts of both sale and service provision
- xii Pinpointing the place of delivery goods or of provision of services
- xiii Delivery in several places
- c Special jurisdiction in matters relating to tort, delict, and quasi-delict: Article 7(2)
- 4.250
- i Matters relating to a tort
- ii Liability for breach of obligation
- iii Meaning of ‘liability’
- iv Types of claim within Article 7(2)
- v Claims associated with contracts
- vi Claims associated with property rights
- vii Future torts
- viii The place(s) where the harmful event occurred
- ix First option: the place where the damage occurred or the loss arose
- x Place of the damage: financial loss
- xi Place of the damage: damage as the immediate consequence
- xii Place of the damage: emerging loss
- xiii Place of the damage: damage to personality or reputation
- xiv Place of the damage: exceptional concentration
- xv Second option: the place of the event giving rise to the damage: the ‘causal event’
- xvi Place of the causal event: illustrations
- xvii Place of the causal event: exceptional concentration
- xviii The harmful event: conclusions
- d Special jurisdiction over civil claims in criminal proceedings: Article 7(3)
- e Special jurisdiction over claim for return of cultural property: Article 7(4)
- f Special jurisdiction over disputes arising from the operations of a branch, agency, or other establishment: Article 7(5)
- g Special jurisdiction over a trustee, beneficiary, or settlor: Article 7(6)
- h Special jurisdiction over disputes concerning payment for salvage: Article 7(7)
- i Special jurisdiction over co-defendants, third parties, counterclaims, and mortgagors: Article 8
- j Special jurisdiction over co-defendants: Article 8(1)
- k Special jurisdiction over claims against third parties: Article 8(2)
- l Special jurisdiction over counterclaims: Article 8(3)
- m Special jurisdiction in proceedings against a mortgagor-borrower: Article 8(4)
- n Special jurisdiction to limit liability for use of a ship: Article 9
- (11) Residual jurisdiction, where the rules are incorporated from the common law: Article 6
- (12) Jurisdiction to grant provisional and protective measures: Article 35
- (13) Investigation and confirmation of the basis for jurisdiction: Articles 27 and 28
- (14) Jurisdictional effect of concurrent proceedings in another Member State: Articles 29 to 32
- 4.322
- 4.323
- 4.324
- a The date on which a court is seised: Article 32
- b Duration of seisin
- c Prevention and regulation of concurrent proceedings: Articles 29 to 31
- d Same cause of action, same parties: strictly identical proceedings: Article 29
- e Related actions: Article 30
- f Parallel proceedings with exclusive jurisdiction: Article 31(1)
- g Parallel proceedings and the impact of jurisdiction agreements: Article 31(2)
- (15) Concurrent proceedings in (and of other facts and matters pointing to) a non-Member State: Articles 33 and 34
- D Jurisdiction Within the United Kingdom When the Regulation Gives International Jurisdiction to the Courts of the United Kingdom
- E Residual Regulation Jurisdiction under Article 6; and Jurisdiction in Matters Falling Outside the Scope of the Regulation
- 4.384
- 1 The basis of jurisdiction at common law
- 2 Common law jurisdiction founded on service within the jurisdiction
- 4.390
- 4.391
- 4.392
- 4.393
- a Responding to service by submission to the jurisdiction
- b Responding to service by contending that the court has no jurisdiction
- c Responding to service by applying for a stay of proceedings: general
- d Stay of proceedings on the basis of forum non conveniens
- e An alternative approach
- f A stay of proceedings which were brought in breach of contract
- 3 The common law approach to jurisdiction clauses
- 4 Common law jurisdiction established by service out of the jurisdiction
- 4.430
- 4.431
- 4.432
- a Service out of the jurisdiction without the need to obtain permission
- b Service out of the jurisdiction with the prior permission of the court
- 4.434
- i Procedure and general outline
- i Jurisdictional grounds or gateways
- ii The proper place to bring the claim
- iii Merits of claim sufficient to avoid being struck out
- iv Satisfaction of the ground on which the court may authorize service to be made
- v Questioning the legal meaning of the service ground relied on
- vi Stricter or laxer interpretation of the service grounds
- vii The strength of connection to England
- viii The merits of the substantive claim
- c Service within the jurisdiction when the defendant is out the jurisdiction
- 5 Judicial Assistance and Judicial Intervention
- A Introduction
- B The Law
- 5.08
- 5.09
- (1) Assistance in the service of process
- (2) Assistance in the obtaining of evidence
- (3) Orders freezing or ordering the preservation of assets
- 5.60
- a The freezing injunction: general
- b Jurisdiction to make the order; service of the document claiming the relief
- c Relief falling within the scope of Article 35
- d The location of the property referred to in the order: English law
- e The location of property when relief is sought on the basis of Article 35
- f The effect on non-parties, or persons not directly addressed by the order
- g Effect of the substantive proceedings being before the courts of another state
- (4) Orders to provide security for costs
- (5) Judicial intervention: the anti-suit injunction
- 5.89
- 5.90
- a Irrelevance of fact that the foreign court sees no wrong
- b Interference as an indirect but inescapable consequence
- c Irrelevance of foreign rules of jurisdiction
- d The need for caution
- e The law
- 6 Foreign Judgments
- A Introduction
- B European Legislation on the Recognition and Enforcement of Foreign Judgments
- C The Principles which Underpin the Common Law Rules of Private International Law
- D The Law
- 6.26
- 6.27
- 6.28
- 6.29
- 6.30
- (1) Foreign judgments falling within the material scope of the Brussels I Regulation: Article 1
- (2) Recognition of judgments under the Brussels I Regulations
- (3) Objections to recognition under the Brussels I Regulations
- 6.58
- 6.59
- 6.60
- a Recognition manifestly contrary to public policy
- b Certain judgments given in default of appearance
- c Judgment irreconcilable with a judgment from the courts of the state addressed
- d Judgment irreconcilable with prior foreign judgment
- e Jurisdictional error by the court of origin
- f Australian and Canadian defendants
- g No other grounds for non-recognition
- h No review of substance of judgment
- (4) Procedure for enforcement and objection: under the original Regulation 44/2001
- (5) Procedure for enforcement and objection: under the recast Regulation 1215/2012
- (6) Authentic instruments and court settlements
- (7) European Enforcement Orders, European Orders for Payment, and judgments in the European Small Claims Procedure
- (8) Judgments within the Lugano II Convention; judgments from Scotland, Northern Ireland, and Gibraltar
- (9) Enforcement by registration under the 1920 and 1933 Acts
- (10) Foreign judgments under the common law rules of private international law
- a Introduction
- b Basic principles of the common law rules
- 6.135
- 6.136
- i Defendant within territorial jurisdiction of foreign court
- ii Losing party having submitted to jurisdiction of foreign court
- iii Defences to obligation to abide by the judgment in England
- iv Recognition of the foreign judgment as res judicata
- v Enforcement
- vi Effect of parts of a judgment
- vii Comparison with statutory schemes
- c The connection between the foreign court and the losing party
- 6.149
- i Connection to the foreign court
- ii Personal presence at the commencement of proceedings
- iii Presence rather than residence
- iv Presence and federal systems
- v Presence of companies
- vi Presence and modern methods of business
- vii Agreement to accept the jurisdiction of the court
- viii Judgments given against the claimant
- ix Judgment given against the defendant
- x Voluntary appearance
- xi Appearance for the purpose of objecting to jurisdiction
- xii Pragmatic approach to submission
- xiii Submission to a supervising court
- xiv No other basis for the obligation to abide by a foreign judgment
- d Recognition of judgments which are final and conclusive
- e Defences which vitiate the obligation to abide by the foreign judgment
- 6.183
- i No obligation to abide by judgment where contrary to English public policy
- ii No obligation to abide by judgment resulting from unfair trial
- iii Recognition of judgment prevented by European Convention on Human Rights
- iv No obligation to abide by judgment obtained in breach of contract
- v No obligation to abide by judgment obtained by fraud
- f Recognition of the foreign judgment as res judicata
- vi Successful claimants who wish to sue for a second time
- g ‘Enforcing’ the judgment by bringing civil proceedings to obtain an English judgment
- h Judgments having an effect in rem
- i Reforming the law on recognition and enforcement of judgments
- 7 Contractual Obligations
- A Introduction
- B The Rome I Regulation in Outline
- C The Law
- 7.29
- 7.30
- (1) The scope and effect of the Rome I Regulation: Articles 1, 2, 18, 20, 24, 25, and 28
- 7.31
- 7.32
- 7.33
- a Scope of the Regulation: time and date: Article 28
- b Scope of the Regulation—matters claimed and governed by the Regulation: Article 1
- c A conflict of laws: Articles 2, 20, and 22
- d The meaning of ‘law’
- e Contractual obligations: Article 1
- i The meaning of ‘contractual’
- ii Cross-reference to the Brussels I Regulation
- iii ‘Contractual’ obligations: the boundary between contract and non-contract.
- iv Voluntary assumption of obligation without contract
- v Concurrent obligations
- vi Identification or ascertainability of the counterparty
- vii Contractual ‘obligations’: the boundary between contract and property
- viii Gifts
- ix Intangibles
- x Contract and conveyance
- xi Retention of title
- xii Conclusions
- f Civil and commercial matters: Article 1
- g Scope of the Regulation: matters placed outside the Regulation: Article 1
- h The effect of international conventions made before the Regulation
- (2) Governing law chosen by the parties: Article 3
- 7.92
- a Choice of law
- b Choice of law by the parties, made expressly
- c Choice of law by the parties, made otherwise than expressly
- d Other aspects of choice of law made by the parties
- 7.109
- i Choice of law for part of the contract: Article 3(1)
- ii Choice of a new governing law: Article 3(2)
- iii Choice of law and non-derogable provisions of another law: Article 3(3)
- iv Choice of law and non-derogable provisions of European law: Article 3(4)
- v Choice of law called into question or denied: Article 3(5)
- (3) Governing law where not chosen by the parties—general rule: Articles 4 and 19
- 7.121
- a Habitual residence: Article 19
- b General approach to governing law in the absence of choice by the parties: Article 4
- c Connection to a country in the absence of choice
- d Governing law indicated by list of typical contracts: Article 4(1)
- e Governing law where the Article 4(1) list does not indicate a law: Article 4(2)
- f Escape from the indicated law—manifestly closer connection to another country: Article 4(3)
- g Governing law where neither list nor characteristic performance indicates a law: Article 4(4)
- (4) Governing law for specific contractual obligations: Articles 5 to 8
- 7.152
- 7.153
- 7.154
- a Governing law for contracts of carriage: Article 5
- b Governing law for consumer contracts: Article 6
- 7.165
- i Article 6(1) contracts: the contracts covered by the special rule in Article 6(1)
- ii Article 6(1) contracts: the consumer
- iii Article 6(1) contracts: the professional
- iv Article 6(1) contracts: excluded contracts
- v Article 6(1) contracts: the governing law
- vi Contracts which are not Article 6(1) contracts
- c Governing law for contracts of insurance: Article 7
- d Governing law for individual contracts of employment: Article 8
- (5) Disputes as to the formation of a contractual obligation: Article 10
- (6) The issues to which the governing law is applied: Articles 11 to 15
- 7.198
- a The scope of the applicable law: Article 12
- b Formal validity of contract: Article 11
- c Capacity to contract: Articles 1 and 13
- d Parties and privity
- e Voluntary assignment and subrogation: Articles 14 and 15
- (7) Other issues associated with the contractual obligation: Articles 16 and 17
- (8) Displacement of the applicable law: Articles 3, 6, 8, 9, and 21
- 7.236
- 7.237
- a Provisions from the law of country with which the contract is otherwise wholly connected: Article 3(3)
- b Provisions of European law when the contract is wholly connected to Member States: Article 3(4)
- c Provisions of the ‘otherwise applicable’ law which protect the weaker party
- d Overriding mandatory provisions of the lex fori : Article 9
- e Overriding mandatory provisions of the law of the country of performance
- f Public policy of the forum: Article 21
- (9) Law applicable to issues disclaimed by the Rome I Regulation
- 7.254
- 7.255
- a Issues falling outside the temporal scope of the Rome I Regulation (Article 28)
- b Contractual obligation but not in civil or commercial matters (Article 1(1))
- c Civil or commercial matters falling outside the scope of ‘contractual obligations’ (Article 1(1))
- 7.258
- i Status and capacity of natural persons (Article 1(2)(a))
- ii Contractual obligations arising out of family relationships (Article 1(2)(b))
- iii Contractual obligations arising out of matrimonial property regimes, or out of wills and succession (Article 1(2)(c))
- iv Contractual obligations arising under bills of exchange, promissory notes, and negotiable instruments (Article 1(2)(d))
- v Agreements on arbitration and choice of court (Article 1(2)(e))
- vi Questions governed by the law of companies and their internal relationships (Article 1(2)(f))
- vii Whether an agent is able to bind a principal in relation to a third party (Article 1(2)(g))
- viii Whether an organ is able to bind a company or other body, corporate or unincorporated, in relation to a third party (Article 1(2)(g))
- ix The constitution of and internal relationships of trusts (Article 1(2)(h)).
- x Obligations arising out of dealings prior to the conclusion of a contract (Article 1(2)(i))
- xi Issues of evidence and procedure (Article 1(3))
- (10) Law applicable to contracts to which the Rome I Regulation does not apply
- 7.285
- a Contracts made after 1 April 1991: Rome Convention
- 7.286
- i The scope and effect of the Rome Convention
- ii Choice of governing law by the parties: the general rule
- iii Governing law in the absence of choice by the parties: the general rule
- iv Particular choice of law rules for specific contractual obligations
- v Disputes as to the formation or existence of a contractual obligation
- vi The issues to which the governing law is applied
- vii Displacement of the applicable law identified by the Rome Convention
- b Contracts not in civil or commercial matters, and contracts concluded before 2 April 1991: the common law rules of private international law
- 7.306
- i Ascertainment of the proper law
- ii Actual intention as to proper law
- iii Inferred or implied intention as to proper law
- iv Proper law as the law with closest and most real connection
- v Floating choice of law
- vi Disputes as to existence of contract
- vii Application of the proper law
- viii Illegality
- ix Capacity
- x Performance and breach
- 8 Non-Contractual Obligations
- A Introduction
- B The Rome II Regulation in Outline
- C The Law
- 8.29
- 8.30
- (1) The scope and effect of the Rome II Regulation: Articles 1, 2, 3, 22, 24, 25, 31, and 32
- 8.31
- a Scope of the Regulation—time and date: Articles 31 and 32
- b Scope of the Regulation: subject matter claimed by the Regulation: Article 1
- c A conflict of laws
- d Non-contractual obligations
- e Civil and commercial matters
- f Matters expressly disclaimed by the Regulation
- g Effect of the Regulation when it does apply: Articles 3, 24, 25
- (2) Applicable law—the general rule for torts: Articles 4 and 23
- 8.73
- 8.74
- a Structure of the general rule
- b General rule where the parties had the same habitual residence: Article 4(2)
- c General rule where the parties did not have the same habitual residence: Article 4(1)
- d General escape clause—manifestly closer connection to another country: Article 4(3)
- e No splitting of issues from the remainder of the tort
- f Non-unitary countries
- g Pre-existing relationships
- h Recourse to the expressed lex contractus
- (3) Applicable law—special rules for specific torts: Articles 5 to 9
- 8.109
- 8.110
- 8.111
- 8.112
- a Product liability: Article 5
- b Unfair and unfree competition: Article 6
- c Environmental damage: Article 7
- d Infringement of intellectual property rights: Article 8
- e Industrial action: Article 9
- (4) Applicable law for non-contractual obligations which are not torts: Articles 10 to 13
- 8.139
- 8.140
- 8.141
- 8.142
- a Unjust enrichment: Article 10
- b Negotiorum gestio (intervention in the affairs of another): Article 11
- c Culpa in contrahendo (dealings prior to contract): Article 12
- d Intellectual property rights: Article 13
- (5) Choice by the parties of the applicable law: Article 14
- (6) Issues which the applicable law will determine: Article 15
- (7) Other issues associated with the non-contractual obligation: Articles 17 to 22
- (8) Displacement of the applicable law: Articles 16, 26, 27, and 28
- (9) Issues to which the Rome II Regulation is not applicable
- 8.216
- a Issues naturally falling outside the scope of the Rome II Regulation
- b Issues excluded from the Regulation by specific mention
- i Non-contractual obligations arising out of family relationships (Article 1(2)(a))
- ii Non-contractual obligations arising out of matrimonial property regimes, or out of wills and succession (Article 1(2)(b))
- iii Non-contractual obligations arising under bills of exchange, promissory notes, and negotiable instruments (Article 1(2)(c))
- iv Non-contractual obligations arising out of the law of companies and their internal relationships (Article 1(2)(d))
- v Non-contractual obligations arising out of the relationships internal to a trust (Article 1(2)(e))
- vi Non-contractual obligations arising out of nuclear damage (Article 1(2)(f))
- vii Non-contractual obligations arising out of violations of privacy and rights relating to personality, including defamation (Article 1(2)(g))
- viii Issues of evidence and procedure (Article 1(3))
- (10) Applicable law for non-contractual obligations when the Rome II Regulation is not applicable
- 8.231
- 8.232
- 8.233
- Six classes of case.
- a Tort committed in England before 1 May 1996
- b Tort committed outside England before 1 May 1996
- c Tort, except defamation, committed (anywhere) after 1 May 1996
- d Tort in the nature of defamation committed before 2013
- e Tort in the nature of defamation committed after 2013
- f Unjust enrichment
- 9 Property
- A Introduction
- B The Law
- 9.05
- 9.06
- 9.07
- (1) The nature, divisions, situs , and treatment of property
- (2) Immovable property
- 9.30
- 9.31
- 9.32
- 9.33
- 9.34
- a Jurisdiction to deal with claims concerning land: the common law rule
- b Jurisdiction to adjudicate personal claims in which a question of title to foreign land arises
- c Jurisdiction and the effect of the Brussels I Regulation
- d Applicable law: the lex situs and what it means
- e Foreign judgments adjudicating title to land in England
- (3) Tangible movable property
- (4) Intangible property
- (5) Intellectual property and ordinary dealings with intellectual property
- (6) Confiscation or compulsory diversion of property
- 9.123
- 9.124
- 9.125
- 9.126
- a The seizure of property within the territory of the state
- b The confiscation of property lying outside the territory of the state
- c Cases of benevolent seizure
- d The seizure of intangibles
- e The compulsory discharge of debts by ordering payment to a third party
- (7) Trusts of property
- (8) Marriage and its effect on property rights
- 9.195
- 9.196
- 9.197
- 9.198
- 9.199
- a Property rights after marriage with an express matrimonial property contract
- b Property rights after marriage without an express matrimonial property contract
- c The alteration of the law which governs the rights of the parties
- d The effect of the matrimonial property regime on death or dissolution of marriage
- e The proposal for a European Regulation
- (9) Dissolution of marriage and its effect on property rights
- (10) Death and its effect on property rights
- 9.226
- 9.227
- 9.228
- 9.229
- 9.230
- a The administration of estates
- b Jurisdiction in matters of succession
- c Applicable law for issues arising on testate and intestate succession
- d The effect of matrimonial property regimes on the private international law of succession
- e The Succession Regulation: Regulation (EU) 650/2012
- 10 Corporations
- A Introduction
- B The Law
- 10.13
- 10.14
- (1) The lex incorporationis
- (2) Recognition of companies, corporations, and other legal persons
- (3) Looking through or beyond separate corporate personality
- (4) Domicile of corporations, and jurisdiction based on corporate domicile
- (5) Dissolution of corporations
- 10.44
- a The general principle that the lex incorporationis governs
- b Jurisdiction to wind up companies
- c Applicable law
- d Effect of foreign winding up
- (6) Amalgamation, succession, and secession of corporations
- (7) Migration of corporations within Europe
- (8) Service of process on corporations
- (9) Contracts made by corporations
- (10) Other bodies: partnerships of various kinds
- 11 Corporate Insolvency and Personal Bankruptcy
- A Introduction
- B The Law
- 11.07
- 11.08
- 11.09
- (1) The general scheme of the Insolvency Regulation for debtors whose centre of main interests is in a Member State
- (2) The identification of the centre of a debtor’s main interests
- (3) The operation of the Insolvency Regulation where the debtor’s centre of main interests is in England
- 11.55
- a Jurisdiction: main and territorial/secondary proceedings
- b The opening of proceedings
- c The conduct of proceedings: applicable law
- d Exceptions to (exclusions from) the application of the Regulation
- 11.64
- 11.65
- i Effect of insolvency on pending legal proceedings
- ii The effect of insolvency on property rights
- iii Reservation of title
- iv The effect of insolvency on rights of set-off
- v The effect of insolvency on contracts of employment
- vi Other specific issues
- vii The undoing (avoidance) of acts detrimental to the creditors of the company
- viii Insolvency Act 1986 powers
- e The effect of judgments from the court in which insolvency proceedings were opened
- (4) The operation of the Insolvency Regulation: where the centre of main interests is in another Member State
- (5) Winding up an insolvent company which has its centre of main interests in a non-Member State
- (6) The effect of insolvency proceedings in the courts of a non-Member State
- (7) Co-operation with the courts of a non-Member State: the Model Law
- 11.126
- 11.127
- 11.128
- a The sphere of application of the Model Law
- b Right of access of foreign representatives and creditors to proceedings in English courts
- c Recognition of a foreign insolvency proceeding
- d Effect on English proceedings of recognition of foreign proceedings
- e Other forms of co-operation with foreign courts and foreign representatives
- f English insolvency proceedings commenced after recognition of a foreign main proceeding
- (8) Co-operation with the courts of a non-Member State: statute and common law
- (9) Personal bankruptcy: debtor with centre of main interests in Member State
- (10) Personal bankruptcy: debtor with centre of main interests in non-Member State
- 12 Adult Relationships
- A Introduction
- B The Law
- 12.14
- 12.15
- (1) The validity of marriage
- 12.16
- 12.17
- i Aspects of the validity of marriage
- ii Presumption in favour of validity
- iii Characterization and formulation of the question
- a Formal validity of marriage
- b Capacity of persons to marry each other
- c Other issues relating to the essential validity of marriage
- (2) Obtaining matrimonial decrees from English courts: Brussels II Regulation
- (3) Decrees from courts of other Member States: the Brussels II Regulation
- (4) Decrees not from courts of other Member States
- 12.96
- 12.97
- a Divorces and annulments obtained in the British Islands
- b Overseas divorces and annulments
- 12.101
- 12.102
- i Divorces and annulments not obtained in a single country
- ii Divorces and annulments obtained in a country outside the British islands
- iii Divorce or annulment obtained by means of proceedings
- iv Refusal of recognition of decree obtained by proceedings
- v Divorce or annulment obtained without proceedings
- vi Refusal of recognition of decree obtained without proceedings
- (5) Remarriage after divorce or annulment
- (6) Orders for maintenance from English courts: the Maintenance Regulation
- (7) Effect in England of maintenance orders made by the courts of Member States
- (8) Financial provision other than maintenance
- (9) Foreign orders for financial provision not within the Maintenance Regulation
- (10) Personal capacity, incapacity, and bankruptcy
- 13 Children and Parental Responsibility
- A Introduction
- B The Law
- 13.03
- 13.04
- 13.05
- (1) Matters which fall within the Brussels II Regulation: scope and nature
- (2) Matters which fall within the Brussels II Regulation: jurisdiction
- 13.13
- 13.14
- a Jurisdiction to make orders: general
- i General jurisdiction based on habitual residence of child: Article 8
- ii Jurisdiction continuing after lawful removal: Article 9
- iii Jurisdiction after unlawful removal or retention: Article 10
- iv Jurisdiction by agreement or acceptance: Article 12
- v Default jurisdiction based on the presence of the child: Article 13
- vi Residual jurisdiction of the English court: Article 14
- b Jurisdiction to order the return of a child unlawfully removed or retained
- c Non-exercise of jurisdiction given by the Brussels II Regulation
- d Jurisdiction to order provisional, including protective, measures: Article 20
- (3) Jurisdiction when this is not determined by the Brussels II Regulation
- 13.34
- 13.35
- 13.36
- a The relationship between the Brussels II Regulation and the 1996 Hague Convention
- b The relationship between the 1996 Convention and Family Law Act 1986
- c Matters which fall within the 1996 Convention
- d Jurisdiction in matters falling within the 1996 Convention
- e Matters which fall within the Family Law Act 1986
- f Jurisdiction in matters falling within the Family Law Act 1986
- g Jurisdiction taken under the inherent jurisdiction of the court
- (4) Applicable law
- (5) Effect of orders made by courts of Member States within the scope of the Brussels II Regulation
- (6) Orders made by foreign courts not taking effect under the Brussels II Regulation
- (7) Child abduction and the effect of the 1980 Hague Convention
- (8) International abduction and non-Convention states
- (9) Adoption
- (10) Maintenance of children
- 14 Arbitration
- A Introduction
- B The Law
- 14.10
- 14.11
- (1) The general nature of the Arbitration Act 1996
- (2) The relationship between arbitration and European Regulations
- (3) The validity and scope of agreements to arbitrate
- (4) Enforcing the agreement to arbitrate in substantive proceedings brought before the English court
- (5) Enforcing the agreement to arbitrate when substantive proceedings brought before foreign court
- (6) The auxiliary participation of courts during the process of arbitration
- (7) Enforcing arbitral awards in England: general
- (8) Enforcing foreign arbitral awards
- (9) Challenging the enforcement of foreign arbitral awards
- (10) Enforcing foreign judgments based on arbitral awards
- 1 Introduction and Plan
- Further Material
