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Contents
- Preliminary Material
- Main Text
- Part I Introduction
- Preliminary Material
- 1 Definition, Nature and Scope of Private International Law
- 2 Historical Development and Current Theories
- Preliminary Material
- 1 Development of English Private International Law
- 2 Modern Theories and Developments
- Part II Preliminary Topics
- Preliminary Material
- 3 Classification
- 4 The Incidental Question
- 5 Renvoi
- 6 Substance and Procedure
- Preliminary Material
- 1 Difference Between Substance and Procedure
- 2 Particular Issues
- (a) The time within which an action must be brought
- (b) Evidence
- (i) Evidence a matter for the law of the forum
- (ii) Distinction between interpretation and proof of document
- (iii) Taking of evidence within the EU: Council Regulation (EC) No 1206/2001
- (iv) Taking of evidence outside the EU: Evidence (Proceedings in Other Jurisdictions) Act 1975; Protection of Trading Interests Act 1980
- (v) Interpretation distinguished from evidence
- (vi) Presumptions and burden of proof
- (c) Parties
- (d) Priorities
- (e) The nature and extent of the remedy
- (f) Damages
- (g) Judgments in foreign currency
- (h) Execution
- 7 The Proof of Foreign Law
- 8 Exclusion of Foreign Law
- Preliminary Material
- 1 Foreign Revenue, Penal and Other Public Laws
- 2 Foreign Expropriatory Legislation
- 3 Foreign Laws Repugnant to English Public Policy
- (a) General principles
- (b) Summary of cases where distinctive policy is affected
- (i) Where the basic principles of English justice and fairness are affronted
- (ii) Where the English conceptions of morality are infringed
- (iii) Where a transaction prejudices the interests of the United Kingdom or its good relations with foreign powers
- (iv) A gross infringement of human rights
- (v) A fundamental breach of international law
- (c) Cases involving a foreign status
- (d) Recognition of foreign divorces, etc
- (e) Effect of European Union private international law
- 4 Mandatory Rules
- 9 Domicile, Nationality and Residence
- Preliminary Material
- 1 Introduction
- 2 General Rules
- 3 The Acquisition of a Domicile of Choice
- 4 Domicile of Origin and Domicile of Choice Contrasted
- 5 Domicile of Dependent Persons
- 6 Domicile of Married Women
- 7 Domicile and Nationality
- 8 Concepts of Residence
- Part III Jurisdiction, Foreign Judgments and Awards
- Preliminary Material
- 10 Jurisdiction of the English Courts—An Introduction
- 11 Jurisdiction Under the Brussels/Lugano System
- Preliminary Material
- 1 Introduction
- 2 History and Interpretation
- 3 The Brussels I Recast
- (a) A special definition of domicile
- (b) When does the Brussels I Recast apply?
- (i) The matter must be within the scope of the Brussels I Recast
- (a) Civil and commercial matters
- (b) Exclusions
- (i) “The status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship or out of a relationship deemed by the law applicable to such relationship to have comparable effects to marriage”
- (ii) “Bankruptcy, proceedings relating to the winding up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings”
- (iii) “Social Security”
- (iv) “Arbitration”
- (v) “Maintenance obligations arising from a family relationship, parentage, marriage or affinity”
- (vi) “Wills and succession, including maintenance obligations arising by reason of death”
- (ii) Whether the defendant is domiciled in a Member State
- (i) The matter must be within the scope of the Brussels I Recast
- (c) Bases of jurisdiction
- (i) Exclusive subject-matter jurisdiction
- (ii) Prorogation of jurisdiction
- (a) Submission to the forum
- (b) An agreement on jurisdiction
- (i) The domicile of the parties
- (ii) The requirements in relation to the agreement
- (a) The parties must have agreed that a court or the courts of a Member State are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship
- (b) The form of the agreement
- In writing or evidenced in writing
- In a form which accords with practices which the parties have established between themselves
- In international trade or commerce, in a form which accords with a usage of which the parties are or ought to have been aware and which in such trade or commerce is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade or commerce concerned
- (iii) Third parties and jurisdiction agreements
- (iv) Limitations on the effectiveness of the agreement
- (iii) General jurisdiction
- (iv) Special jurisdiction
- (a) Special jurisdiction under Article 7
- (i) What are matters relating to a contract?
- (ii) Disputes relating to the existence of the agreement
- (iii) The general rule
- (iv) Special rule for sales and services contracts
- The scope of Article 7(1)(b)
- The place in a Member State where, under the contract, the goods were delivered or should have been delivered
- The place in a Member State where, under the contract, the services were provided or should have been provided
- Displacement where it is otherwise agreed
- Cases falling outside the scope of Article 7(1)(b)
- (i) What are matters relating to tort, delict or quasi-delict?
- (ii) Concurrent actions in tort and contract
- (iii) Threatened wrongs
- (iv) Where is the place where the harmful event occurred?
- (i) A branch, agency or other establishment
- (ii) The dispute must arise out of the operations of the branch, agency or other establishment
- (b) Special jurisdiction under Article 8
- (c) Special jurisdiction under Article 9
- (a) Special jurisdiction under Article 7
- (v) Jurisdiction in matters relating to insurance
- (vi) Jurisdiction over consumer contracts
- (vii) Jurisdiction over individual contracts of employment
- (d) Provisional measures
- (e) Service and notice of the claim
- (f) Stays and parallel proceedings
- 4 The Brussels Convention
- 5 The Lugano Convention
- 6 The Hague Convention on Choice of Court Agreements
- 7 Allocating Jurisdiction Within the United Kingdom: The Modified Regulation
- (a) When does the Modified Regulation apply?
- (i) The situation must concern allocation of jurisdiction within the United Kingdom
- (ii) The subject matter of the proceedings must be within the scope of the Brussels I Recast as determined by Article 1
- (iii) The defendant must be domiciled in the United Kingdom or the proceedings must be of a kind mentioned in Article 24 of the Brussels I Recast
- (b) The terms of the Modified Regulation
- (c) Stays of action
- (a) When does the Modified Regulation apply?
- 12 The Competence of the English Courts Under—The Traditional Rules
- Preliminary Material
- 1 Actions in Personam
- (a) Service of a claim form on a defendant present within the jurisdiction
- (b) Submission to the jurisdiction
- (c) Service of a claim form on a defendant out of the jurisdiction
- (i) Service of a claim form out of the jurisdiction with the permission of the court
- (a) The grounds of Practice Direction 6B
- (i) General grounds
- (ii) Claims for interim remedies
- (iii) Claims in relation to contracts
- (iv) Claims in tort
- (v) Enforcement
- (vi) Claims about property within the jurisdiction
- (vii) Claims about trusts, etc (including restitution)
- (viii) Claims by HM Revenue and Customs
- (ix) Claim for costs order in favour of or against third parties
- (x) Admiralty claims
- (xi) Claims under various enactments
- (xii) Claims for breach of confidence or misuse of private information
- (xiii) The interaction of the different grounds of Practice Direction 6B, paragraph 3.1
- (b) A reasonable prospect of success
- (c) The exercise of the discretion under rule 6.36
- (a) The grounds of Practice Direction 6B
- (ii) Service of a claim form out of the jurisdiction without the permission of the court
- (iii) Service of the claim form in practice
- (i) Service of a claim form out of the jurisdiction with the permission of the court
- (d) Are there other bases of competence?
- 2 Actions In Rem
- 13 Stays and the Management of Parallel Proceedings
- Preliminary Material
- 1 Introduction
- 2 Stays of English Proceedings Under the Common Law
- (a) Forum non conveniens
- (b) Foreign jurisdiction clauses
- (c) Arbitration agreements
- (d) Stays pending the determination of proceedings abroad
- 3 Restraining Foreign Proceedings Under the Common Law: The Anti-Suit Injunction
- (a) Underlying principles
- (b) Categorisation of the cases
- 4 Parallel Proceedings Under the Brussels I Recast: Lis Pendens and Related Actions
- 5 Stays of Proceedings Under the Brussels I Recast
- (a) A discretion to stay proceedings in the Brussels I Recast itself?
- (b) Can the traditional English doctrine of forum non conveniens be used?
- (i) The Brussels I Recast is inapplicable
- (ii) The Brussels I Recast is applicable and the bases of jurisdiction set out therein come into play
- (iii) The Brussels I Recast is applicable but refers the case to national rules of jurisdiction
- (iv) The knock on effect of Owusu in multi-defendant cases
- (v) Article 71 of the Brussels I Recast applies
- (c) Is there a residual discretion?
- (d) Does the Brussels I Recast have “reflexive” effects?
- 6 Restraining Foreign Proceedings and the Brussels I Recast
- (a) A discretion to restrain foreign proceedings in the Brussels I Recast itself?
- (b) Can the traditional English power to restrain foreign proceedings be used?
- (i) Restraining proceedings in a Member State
- (a) The English case law
- (b) The effect of Erich Gasser GmbH v Misat Srl
- (c) Turner v Grovit
- (d) Going beyond cases of bad faith
- (e) Breach of an arbitration agreement
- (f) What if jurisdiction is not founded on a Brussels I Recast ground?
- (g) An injunction preventing the commencement or continuation of proceedings
- (ii) Restraining proceedings in a non-Member State
- (i) Restraining proceedings in a Member State
- 14 Limitations on Jurisdiction
- Preliminary Material
- 1 Introduction
- 2 Jurisdiction in Respect of Foreign Property
- (a) Foreign immovables
- (i) The common law limitation
- (ii) The limitation under the Brussels/Lugano system
- (b) Foreign intellectual property rights
- (a) Foreign immovables
- 3 Jurisdiction Over the Parties
- (a) Persons who cannot invoke the jurisdiction
- (b) Persons who may claim exemption from the jurisdiction
- (i) Sovereigns and sovereign states
- (ii) Ambassadors and other diplomatic officers
- (iii) The Brussels/Lugano system
- 4 Statutory Limitations on Jurisdiction
- 15 Recognition and Enforcement of Foreign Judgments and Arbitral Awards in England—An Introduction
- 16 Recognition and Enforcement of Foreign Judgments—The Traditional Rules
- Preliminary Material
- 1 Introduction
- 2 Recognition and Enforcement at Common Law
- (a) Jurisdiction of the foreign court: judgments in personam
- (i) Residence and presence of defendant in the foreign country at the time of the suit
- (ii) Submission to the foreign court
- (iii) Nothing else founds jurisdiction
- (iv) The real and substantial connection test
- (b) Judgments in rem
- (c) Final and conclusive judgment
- (d) Enforcement of foreign judgments in personam
- (e) Recognition of foreign judgments
- (f) Defences to recognition and enforcement
- (i) Conclusiveness of foreign judgments
- (ii) Foreign judgment obtained by fraud
- (iv) Foreign judgment contrary to natural justice
- (v) A breach of Article 6 of the ECHR
- (vi) A foreign judgment on a matter previously determined by an English court
- (vii) A foreign judgment on a matter previously determined by a court in another foreign state
- (viii) An overseas judgment given in proceedings brought in breach of agreement for settlement of disputes
- (a) Jurisdiction of the foreign court: judgments in personam
- 3 Direct Enforcement of Foreign Judgments By Statute
- (a) The Civil Jurisdiction and Judgments Act 1982: Recognition and enforcement within the United Kingdom
- (b) Administration of Justice Act 1920
- (c) Foreign Judgments (Reciprocal Enforcement) Act 1933
- (i) The object of the Act
- (ii) The countries to which the provisions of the Act are extended
- (iii) Prerequisites of registration
- (iv) Setting aside of registration
- (v) The effect of a foreign judgment
- (vi) Conclusiveness of foreign judgments
- (d) European Union judgments
- (e) Judgments against states
- (f) The Brussels and Lugano Conventions
- (g) The Hague Convention on Choice of Court Agreements 2005
- 4 Inter-Relation of the Common Law and Statutes
- 5 The Recast of the Brussels I Regulation
- 17 Recognition and Enforcement of Judgments Under the Brussels/Lugano System
- Preliminary Material
- 1 The Brussels I Recast
- (a) Introduction
- (b) When do the rules on recognition and enforcement under the Brussels I Recast apply?
- (c) Problems of interpretation
- (d) Recognition
- (e) Enforcement
- (f) Grounds for refusal of recognition and enforcement
- (i) Grounds under Article 45
- (a) Public policy
- (b) Natural justice
- (i) The interaction with jurisdictional provisions on natural justice
- (ii) Establishing a lack of natural justice
- (a) The judgment was given in default of appearance
- (b) The defendant was not served
- (c) With the document which instituted the proceedings or with an equivalent document
- (d) In sufficient time and in such a way as to enable him to arrange for his defence
- (e) Unless the defendant failed to commence proceedings to challenge the judgment when it was possible for him to do so
- (iii) Interaction with the public policy defence
- (c) A conflict with a judgment given in the Member State addressed
- (d) A conflicting judgment given in another Member State or in a third State
- (e) The judgment conflicts with Sections 3, 4, 5 or 6 of Chapter II of the Recast
- (ii) The case is provided for under Article 72
- (i) Grounds under Article 45
- (g) Non-grounds for refusal of recognition and enforcement
- (h) Appeals in the Member State of origin
- (i) The estoppel effect of a judgment obtained in a Member State
- (j) Foreign reaction
- (k) The impact of the Hague Convention on Choice of Court Agreements
- 2 The EC/Denmark Agreement
- 3 The Brussels Convention
- 4 The Lugano Convention
- 5 The European Enforcement Order Regulation
- 6 The European Order for Payment Procedure Regulation
- 7 The European Small Claims Procedure Regulation
- 18 Foreign Arbitral Awards
- Preliminary Material
- 1 Enforcement at Common Law
- 2 Enforcement Under the Civil Jurisdiction and Judgments Act 1982
- 3 Enforcement Under the Arbitration Act 1950
- 4 Enforcement Under the Arbitration Act 1996
- 5 Enforcement Under the Administration of Justice Act 1920 and the Foreign Judgments (Reciprocal Enforcement) Act 1933
- 6 Enforcement Under the Arbitration (International Investment Disputes) Act 1966
- Part IV The Law of Obligations
- Preliminary Material
- 19 Contracts
- Preliminary Material
- 1 Introduction
- 2 The Rome Convention
- 3 The Rome I Regulation
- (a) Preliminary remarks
- (b) When does the Regulation apply?
- (i) The scope of the Regulation
- (a) Contractual obligations in situations involving a conflict of laws
- (b) Exclusions
- (i) Questions involving the status or legal capacity of natural persons, without prejudice to Article 13
- (ii) Obligations arising out of family or succession law
- (iii) Obligations arising under bills of exchange, cheques and promissory notes and other negotiable instruments to the extent that the obligations under such other negotiable instruments arise out of their negotiable character
- (iv) Arbitration agreements and agreements on the choice of court
- (v) Questions governed by the law of companies and other bodies, corporate or unincorporated, such as the creation, by registration or otherwise, legal capacity, internal organisation or winding up of companies and other bodies, corporate or unincorporated, and the personal liability of officers and members as such for the obligations of the company or body
- (vi) The question whether an agent is able to bind a principal, or an organ to bind a company or other body corporate or unincorporated, in relation to a third party
- (vii) The constitution of trusts and the relationship between settlors, trustees and beneficiaries
- (viii) Obligations arising out of dealings prior to the conclusion of a contract
- (ix) Insurance
- (x) Evidence and procedure, without prejudice to Article 18
- (ii) The universal application of the Regulation
- (i) The scope of the Regulation
- (c) The applicable law
- (i) The law is chosen by the parties
- (ii) The applicable law in the absence of choice
- (a) The applicable law in the absence of choice under the common law
- (b) The applicable law in the absence of choice under the Rome Convention
- (c) The applicable law in the absence of choice under the Rome I Regulation
- (iii) Special contracts
- (d) Limitations on the dominance of the applicable law
- (i) Mandatory rules
- (a) The background to the concept
- (b) The definition of (overriding) mandatory rules
- (c) The mandatory rules of the forum
- (d) The mandatory rules of other countries
- (ii) Public policy
- (i) Mandatory rules
- (e) Particular issues
- (i) Consent and material validity
- (ii) Formal validity
- (iii) Capacity
- (iv) Scope of the applicable law
- (a) Interpretation
- (b) Performance
- (c) Within the limits of the powers conferred on the court by its procedural law, the consequences of a total or partial breach of obligations, including the assessment of damages in so far as it is governed by rules of law
- (d) The various ways of extinguishing obligations, and prescription and limitation of actions
- (e) The consequences of nullity of the contract
- (v) The special problem of illegality
- (a) An agreement to break a foreign law
- (b) Illegality by the law of the foreign place of performance in cases where the applicable law is English law
- (c) Illegality by the law of the foreign place of performance in cases where the applicable law is foreign
- (d) Illegality by the law of the English place of performance in cases where the applicable law is foreign
- (vi) Set-off under the Rome I Regulation
- (f) Relationship with other provisions of EU law
- (g) Relationship with other conventions
- 20 Non-Contractual Obligations
- Preliminary Material
- 1 Introduction
- 2 The Rome II Regulation
- (a) Preliminary remarks
- (b) When does the Regulation apply?
- (i) The scope of the Regulation
- (a) Application, in situations involving a conflict of laws, to non-contractual obligations in civil and commercial matters
- (b) Exclusions
- (i) The exclusion of certain non-contractual obligations
- (a) non-contractual obligations arising out of family relationships and relationships deemed by the law applicable to such relationships to have comparable effects including maintenance obligations
- (b) non-contractual obligations arising out of matrimonial property regimes, property regimes of relationships deemed by the law applicable to such relationships to have comparable effects to marriage, and wills and succession
- (c) non-contractual obligations arising under bills of exchange, cheques and promissory notes and other negotiable instruments to the extent that the obligations under such other negotiable instruments arise out of their negotiable character
- (d) non-contractual obligations arising out of the law of companies and other bodies corporate or unincorporated regarding matters such as the creation, by registration or otherwise, legal capacity, internal organisation or winding up of companies and other bodies corporate or unincorporated, the personal liability of officers and members as such for the obligations of the company or body and the personal liability of auditors to a company or its members in the statutory audits of accounting documents
- (e) non-contractual obligations arising out of the relations between the settlors, trustees and beneficiaries of a trust created voluntarily
- (f) non-contractual obligations arising out of nuclear damage
- (g) non-contractual obligations arising out of violations of privacy and rights relating to personality, including defamation
- (ii) Evidence and procedure, without prejudice to Articles 21 and 22
- (i) The exclusion of certain non-contractual obligations
- (ii) The universal application of the Regulation
- (i) The scope of the Regulation
- (c) The applicable law: preliminary remarks
- (d) The applicable law for torts/delicts
- (i) The scope of Chapter II
- (ii) The structure of Chapter II
- (iii) Article 4: General rule
- (a) The scope of Article 4
- (b) Article 4(1): a place of damage general principle
- (c) Article 4(2): the common habitual residence exception
- (d) Article 4(3): the manifestly more closely connected escape clause
- (e) Article 4 and road traffic accidents
- (iv) Specific rules for special torts
- (e) The applicable law for unjust enrichment, negotiorum gestio and culpa in contrahendo
- (i) Unjust enrichment
- (a) The scope of Article 10
- (b) The law applicable to unjust enrichment
- (ii) Negotiorum gestio
- (iii) Culpa in contrahendo
- (i) Unjust enrichment
- (f) Choice of the applicable law
- (g) Scope of the law applicable
- (i) The basis and extent of liability, including the determination of persons who may be held liable for acts performed by them
- (ii) The grounds for exemption from liability, any limitation of liability and any division of liability
- (iii) The existence, the nature and the assessment of damage or the remedy claimed
- (iv) Within the limits of powers conferred on the court by its procedural law, the measures which a court may take to prevent or terminate injury or damage or to ensure the provision of compensation
- (v) The question whether a right to claim damages or a remedy may be transferred, including by inheritance
- (vi) Persons entitled to compensation for damage sustained personally
- (vii) Liability for the acts of another person
- (viii) The manner in which an obligation may be extinguished and rules of prescription and limitation, including rules relating to the commencement, interruption and suspension of a period of prescription or limitation
- (ix) Capacity
- (h) Limitations on the dominance of the law applicable
- (i) Rules of safety and conduct
- (j) Special rules for particular issues
- (k) Relationship with EU law and existing international conventions
- 3 Maritime Non-Contractual Obligations
- 4 Mixed Issues Relating to Non-Contractual Obligations and Contract
- 5 Non-Contractual Obligations Outside the Scope of the Rome II Regulation
- Part V Family Law
- Preliminary Material
- 21 Marriage and Other Adult Relationships
- Preliminary Material
- 1 The Meaning of “Marriage”
- 2 Formalities of Marriage
- 3 Capacity to Marry
- 4 Reform of General Rules
- 5 Polygamous Marriages
- 6 Same Sex Relationships: Civil Partnership and Same Sex Marriage
- 7 De Facto Cohabitation
- 22 Matrimonial and Related Causes
- Preliminary Material
- 1 Introduction
- 2 Polygamous Marriages and Matrimonial Relief
- 3 Divorce, Nullity and Judicial Separation
- (a) Jurisdiction
- (i) Bases of jurisdiction
- (a) Divorce or judicial separation
- (b) Nullity of marriage
- (c) Jurisdiction to entertain other matrimonial proceedings in respect of the same marriage
- (ii) Impact of the statutory bases
- (iii) Procedural issues
- (a) Service of the petition
- (b) Staying proceedings
- (c) Restraining foreign proceedings (anti-suit injunctions)
- (i) Bases of jurisdiction
- (b) Choice of law
- (i) Divorce and judicial separation
- (ii) Nullity
- (c) Recognition
- (i) Introduction
- (ii) Divorces, annulments and judicial separations granted elsewhere in the British Isles
- (iii) Divorces, annulments and legal separations obtained in another EU Member State, except Denmark
- (iv) Divorces, annulments and legal separations obtained in a non-EU Member State, or in Denmark
- (a) Introduction
- (b) General matters
- (c) Jurisdictional rules
- (d) The time at which the jurisdictional rules must be satisfied
- (e) Effectiveness
- (f) Meaning of “country”
- (g) Two procedural issues
- (h) Meaning of divorce, annulment or legal separation
- (i) Irrelevance of the foreign jurisdictional rules or of the grounds for granting the divorce, etc
- (j) Other statutory grounds of recognition
- (v) Extra-judicial divorces, annulments and legal separations
- (vi) Grounds for non-recognition of divorces, annulments and legal separations
- (vii) Retrospectivity
- (viii) Effect of a foreign divorce, annulment or legal separation
- (a) Jurisdiction
- 4 Presumption of Death and Dissolution of Marriage
- 5 Dissolution, Nullity and Separation of Civil Partnerships
- (a) Jurisdiction
- (i) Bases of jurisdiction
- (a) Introduction
- (b) Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005 (“section 219 regulations”)
- (c) Proceedings for dissolution or separation
- (d) Proceedings for nullity
- (e) Other proceedings in relation to the same civil partnership
- (f) Presumption of death and dissolution of civil partnership
- (ii) Procedural issues
- (i) Bases of jurisdiction
- (b) Choice of law
- (c) Recognition of dissolution, annulment and separation
- (i) Introduction
- (ii) Effect of dissolution, annulment or separation obtained in the United Kingdom
- (iii) Recognition in the United Kingdom of dissolution, annulment or separation granted in a Member State
- (iv) Recognition in the United Kingdom of dissolution, annulment or separation granted other than in a Member State
- (a) Jurisdiction
- 6 Divorce, Nullity and Separation Of Same Sex Marriages
- 23 Declarations
- 24 Financial Relief
- Preliminary Material
- 1 Jurisdiction of the English Court
- (a) General jurisdictional rules
- (b) Jurisdiction under the Maintenance Regulation
- (c) Jurisdiction under the Lugano Convention
- (d) Inter-relation of the Maintenance Regulation and the Lugano Convention with other bases of jurisdiction
- 2 Financial Relief After a Foreign Divorce/Dissolution, Annulment or Legal Separation
- 3 Choice of Law
- 4 Recognition and Enforcement of Foreign Orders
- (a) Relief ancillary to a foreign divorce, annulment or legal separation
- (b) Maintenance orders made elsewhere in the United Kingdom
- (c) Recognition under the Maintenance Orders (Facilities for Enforcement) Act 1920
- (d) Recognition under the Maintenance Orders (Reciprocal Enforcement) Act 1972
- (e) Recognition and Enforcement under the Maintenance Regulation
- (f) Recognition and Enforcement under the 2007 Hague Convention
- 25 Children
- Preliminary Material
- 1 Introduction
- 2 Jurisdiction in Matters of Parental Responsibility
- (a) Background
- (b) Bases of jurisdiction
- (i) Introduction
- (ii) Jurisdiction to make “section 8 orders”
- (a) Jurisdiction under the 1986 Act, s 2(1)(a)
- Transfer to a court better placed to hear the case—Article 15
- Transfer to a court better placed to hear the case—Articles 8 and 9
- (b) Jurisdiction under the 1986 Act, Section 2(1)(b)
- (i) Jurisdiction in or in connection with matrimonial proceedings or civil partnership proceedings
- (ii) Habitual residence or presence of the child
- (iii) Jurisdiction to make special guardianship orders, and orders under Adoption and Children Act 2002, section 26
- (iv) Jurisdiction to make orders under Adoption and Children Act 2002, section 51(A)
- (v) Jurisdiction to make orders in the exercise of the inherent jurisdiction of the High Court
- (b) Jurisdiction under the 1986 Act, Section 2(1)(b)
- (c) Variation and duration of Part I orders
- (d) Refusal of application and stay of proceedings
- The 1996 Hague Convention—Articles 8 and 9
- (iii) Concurrent proceedings in another European Union Member State, except Denmark—Brussels II bis, Article 19
- (iv) Concurrent proceedings in a Contracting State to the 1996 Hague Protection Convention—Article 13
- (v) Concurrent proceedings in a related United Kingdom jurisdiction
- (vi) Concurrent proceedings outside England and Wales, other than in another European Union Member State (except Denmark) or a Contracting State to the 1996 Hague Protection Convention
- 3 Choice of Law
- 4 Recognition and Enforcement
- (a) Introduction
- (b) Orders granted in another European Union Member State, except Denmark
- (i) Principle of recognition
- (ii) Grounds of non-recognition
- (iii) Prohibition of review of jurisdiction of the court of origin
- (iv) Non-review as to substance
- (v) Application for a declaration of enforceability
- (vi) Enforceability of certain judgments concerning rights of access
- (vii) Enforcement procedure
- (viii) Role of Central Authorities
- (c) Orders granted in another Contracting State to the 1996 Hague Protection Convention
- (d) Orders granted in Scotland and Northern Ireland
- (e) Child Abduction and Custody Act 1985
- (f) Common law rules
- 5 Other Developments
- 26 Cross-border Surrogacy
- 27 Legitimacy, Legitimation and Adoption
- Preliminary Material
- 1 Introduction
- 2 Legitimacy
- 3 Legitimation
- 4 Adoption
- (a) Adoption proceedings in England
- (b) Procedures for taking children into and out of the United Kingdom
- (c) Recognition of foreign adoptions
- (i) Recognition of adoptions made elsewhere in the British Isles
- (ii) Recognition of adoptions made in Hague Convention countries (“Convention adoptions”)
- (iii) Recognition of adoptions made in designated countries (“overseas adoptions”)
- (iv) Annulment, etc of overseas or Hague Convention adoptions
- (v) Recognition of adoptions made in other foreign countries
- (d) Effect of foreign adoptions
- 28 Mental Incapacity
- Part VI The Law of Property
- Preliminary Material
- 29 The Distinction Between Movables and Immovables
- 30 Immovables
- 31 The Transfer of Tangible Movables
- 32 The Assignment of Intangible Movables
- Preliminary Material
- 1 Introduction
- 2 Debts
- (a) The situs of a debt
- (b) The various theories on the law applicable to assignments of debts
- (c) The modern law
- (i) Voluntary assignments
- (ii) Subrogation
- (iii) Involuntary assignments
- 3 Negotiable Instruments
- 4 Shares and Securities
- 33 Corporations
- 34 Insolvency
- 35 Administration of Estates
- 36 Succession
- 37 Matrimonial Property
- 38 Trusts
- Part I Introduction
- Further Material
