Foreign Judgements Their Effect In The English Courts

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Res Judicata Estoppel And Foreign Judgments
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Author : Peter R. Barnett
language : en
Publisher: Oxford University Press, USA
Release Date : 2001
Res Judicata Estoppel And Foreign Judgments written by Peter R. Barnett and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with History categories.
This book re-examines the doctrines of res judicata and abuse of process when applied to foreign judgments, and analyses how they are relied upon in English proceedings. The book clearly explains the four main pleas to which a foreign res judicata might give rise in subsequent proceedings in England.
Private International Law In Commonwealth Africa
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Author : Richard Frimpong Oppong
language : en
Publisher: Cambridge University Press
Release Date : 2013-09-12
Private International Law In Commonwealth Africa written by Richard Frimpong Oppong and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-12 with Law categories.
A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Civil Jurisdiction And Judgments
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Author : Adrian Briggs
language : en
Publisher: CRC Press
Release Date : 2015-06-12
Civil Jurisdiction And Judgments written by Adrian Briggs and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-12 with Law categories.
Now in a fully updated sixth edition, this book is an established treatise in the field of civil jurisdiction and judgments. It states, analyses, illuminates and evaluates the law of civil jurisdiction and the enforcement of foreign judgments in English law, with this new edition taking into account the implications of the new Brussels I Regulation recast, Regulation (EU) 1215/2012, as well as the great number of developments in the case law which have taken place since 2009. This book looks in detail at the jurisdictional rules put in place by the (recast) Brussels I Regulation the common law rules of jurisdiction the principles according to which that jurisdiction will or will not be exercised the extent to which proceedings before a foreign court may be assisted or impeded obtaining interim and interlocutory relief recognition and enforcement of foreign judgments This text is an authoritative and comprehensive reference for all legal professionals working in commercial law across jurisdictions.
Promoting Foreign Judgments
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Author : Pontian N. Okoli
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-10-07
Promoting Foreign Judgments written by Pontian N. Okoli and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-07 with Law categories.
In many African countries, litigants experience significant uncertainty in their attempts to enforce foreign judgments. Drawing on the experiences of the United Kingdom and the United States (vis-à-vis efforts to attain an effective global legal framework on foreign judgments), this book undertakes a comparative analysis of how South African and Nigerian courts can promote the recognition and enforcement of foreign judgments in a fair manner. This comparative analysis is made considering both African countries as paradigms of their respective legal traditions. The author, a legal consultant and academic in private international law analyses, stage by stage, the challenging process that litigants face when they seek to enforce foreign judgments in South Africa and Nigeria. This analysis includes insightful consideration of broader issues such as the following: how challenges faced by judgment creditors may be circumvented; practical issues impeding the free movement of foreign judgments; impact of globalisation, increase in international commercial transactions, and regionalism on private international law; application of ‘fairness’; how territorial sovereignty and State interests in international commerce impede the free movement of foreign judgments; and ‘qualified obligation’, under which courts would presumptively enforce foreign judgments subject to certain exceptions and to the balancing of competing interests between private litigants and the State. The comparative analysis is undergirded by relevant case law – spanning decades in Africa and centuries in Europe and the United States. In summary, the author projects a clear case for predictability and certainty in the recognition and enforcement of foreign judgments, as well as how to go about it, thus offering lawyers a strategic position to weigh their options in contemplating enforcement of foreign judgments in any jurisdiction even beyond the African region. This innovative approach will also be of particular value to policymakers at national levels, international and regional economic organisations, as well as scholars in private international law and international commercial law generally. This is regardless of their specific legal area or niche, especially considering the dearth of literature in African private international law.
Agreements On Jurisdiction And Choice Of Law
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Author : Adrian Briggs
language : en
Publisher: Oxford Private International L
Release Date : 2008
Agreements On Jurisdiction And Choice Of Law written by Adrian Briggs and has been published by Oxford Private International L this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
This book analyzes the law and practice relating to the classification, drafting, validity and enforcement of contracts relating to jurisdiction and choice of law. The focus is on English law, EU law and common law measures, but there is also some comparative material built in. The book will be useful in particular to practicing lawyers seeking to draft, interpret or enforce the types of contract discussed, but the in-depth discussion will also be valuable to academic lawyers specializing in private international law. Written by an academic who is also a practicing barrister, this book gives in-depth coverage of how the instruments and principles of private international law can be used for the resolution of cross-border or multi-jurisdictional disputes. It examines the operation and application of the Brussels Regulation, the Rome Convention and the Hague Convention on Exclusive Choice of Court Agreements in such disputes, but also discusses the judgments and decisions of the courts in significant cases such as Turner v Grovit, Union Discount v Zoller, and De Wolf v Cox. Much of the book is given over to practical evaluation of how agreements on jurisdiction and choice of law should be put together, with guidance on, amongst other things, drafting of the agreements (including some sample clauses), severability of agreements, consent, and the resolution of disputes by arbitration.
Report Of The Conference
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Author : Association for the Reform and Codification of the Law of Nations. Conference
language : en
Publisher:
Release Date : 1887
Report Of The Conference written by Association for the Reform and Codification of the Law of Nations. Conference and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1887 with International law categories.
State Immunity In International Law
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Author : Xiaodong Yang
language : en
Publisher: Cambridge University Press
Release Date : 2012-09-27
State Immunity In International Law written by Xiaodong Yang and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-27 with Law categories.
Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
Analysis And Digest Of The Decisions Of Sir George Jessel Late Master Of The Rolls
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Author : Great Britain. Court of Chancery
language : en
Publisher:
Release Date : 1883
Analysis And Digest Of The Decisions Of Sir George Jessel Late Master Of The Rolls written by Great Britain. Court of Chancery and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1883 with Equity categories.
Foreign Law In English Courts
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Author : Richard Fentiman
language : en
Publisher: Clarendon Press
Release Date : 1998
Foreign Law In English Courts written by Richard Fentiman and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
This book is concerned with the pleading and proof of foreign law in English courts. Fentiman argues that the law is both more complex and more defensible than had previously been supposed. By providing a practical guide to the subject, he presents the conflict of laws in a way which is both novel and illuminating.
The Acts For Facilitating The Inclosure Of Commons In England And Wales
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Author : George Wingrove Cooke
language : en
Publisher:
Release Date : 1864
The Acts For Facilitating The Inclosure Of Commons In England And Wales written by George Wingrove Cooke and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1864 with Commons categories.