Search results for: civil-jurisdiction-and-judgments

Civil Jurisdiction and Judgments

Author : Adrian Briggs
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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.

Civil Jurisdiction and Judgments in Europe

Author : Trevor C. Hartley
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This book offers comprehensive coverage and analysis of the relationship between the three instruments governing civil jurisdiction and judgments in Europe; the Brussels Regulation, the Lugano Convention, and the Hague Choice of Court Convention. Providing a practical explanation of how the instruments operate, focusing on real-life litigation problems, and including extensive reference to the case-law of the CJEU; this book is ideal for practitioners. The work is specifically designed for ease of navigation and is split into four parts. Part I offers an introduction to the features and scope of each of the instruments. Part II goes on to examine the issue of jurisdiction whilst Part III tackles recognition and enforcement. Finally, Part IV addresses procedural and systematic problems. A detailed table of contents and extensive cross-referencing throughout make it simple to home in on the relevant sections.

A Guide to the Civil Jurisdiction and Judgments Convention

Author : Alan Dashwood
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This is a comprehensive collection of data on the treaty law of Indonesia which has its origin in the assumption that the availability of these data is among the preconditions for a correct understanding of the Indonesian international position & its international rights & duties. There is no official collection of Indonesian treaties in existence. Part One presents a concise description of the Indonesian law & practice concerNing treaty-making power & the publication of treaties. It deals with the constitutional provisions & their interpretation & application & places them in a wider perspective. Part Two comprises chronological indexes of multilateral & bilateral treaties. These indexes contain data on forty items, where available, regarding each treaty, such as the sources of the texts, the subject matter, the Indonesian consent to be bound, Indonesian reservations & declarations, the date of ratification, amendments, revisions & replacement. These main indexes are supplemented by a subject index & indexes of Acts of Approval & Presidential Ratification Decrees which are published in the Indonesian State Gazette. The volume will be of use to practising lawyers involved in Indonesian transactions, officials in the field of international relations involving Indonesia & academic researchers on the international law of treaties.

Civil Jurisdiction and Judgments

Author : David C. Jackson
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Civil Jurisdiction and Judgments Act 1982 UK

Author : The Law The Law Library
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Civil Jurisdiction and Judgments Act 1982 (UK) The Law Library presents the official text of the Civil Jurisdiction and Judgments Act 1982 (UK). Updated as of March 26, 2018 This book contains: - The complete text of the Civil Jurisdiction and Judgments Act 1982 (UK) - A table of contents with the page number of each section

Civil Jurisdiction and Judgments in Europe

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The application of the Brussels Convention 1968 and subsequent amending Conventions on civil jurisdiction is fast becoming increasingly important, requiring, as it does, close collaboration between the national courts and the Court of Justice.

Res Judicata Estoppel and Foreign Judgments

Author : Peter R. Barnett
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This clear and original book provides a much-needed analysis of the doctrines of res judicata and abuse of process as applied to foreign judgments recognized in England for their preclusive effect. In particular, it examines the four preclusive pleas which are encountered in practice, namely:(i) cause of action estoppel; (ii) issue estoppel; (iii) former recovery per section 34 of the Civil Jurisdiction and Judgments Act 1982; and (iv) the rule in Henderson v Henderson. So far as foreign judgments are concerned, the book examines separately the preclusive effects of foreign judgmentsrecognized according to the English common law and related statutory rules, and foreign judgments which the English courts are obliged to recognize under the Brussels and Lugano Conventions. It also includes a discussion of the preclusive effects of judgments recognized under the proposed HagueConvention on Jurisdiction and Foreign Judgments in civil and commercial matters.Although the complex and technical doctrines of res judicata and abuse of process are well known in the context of domestic judicial decisions, little has hitherto been written analysing how these doctrines apply when the judgment emanates from a foreign court. It is not surprising, therefore, thatthis area of law has been frequently confused and mis-applied. And yet the recognition of foreign judgments for preclusive purposes is an increasingly important area for practitioners and academics - especially for those interested in international commercial litigation, and not least given theimportant treaty developments that are occurring. For these reasons, this book is a very timely work. Written with a practitioner focus, it includes extensive references to res judicata authorities in the United Kingdom, Australia and Canada.

Civil Jurisdiction and Judgments

Author : Adrian Briggs
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Now in a fully updated seventh edition, this book remains an established treatise in the field of civil jurisdiction and judgments. It aims to make a full and complete statement of English law on civil jurisdiction and the effect of foreign judgments against the backdrop of significant uncertainty about the consequence of Brexit on the law of civil jurisdiction and judgments. The book looks in detail at: the law after the Brussels Regulation has ceased to operate as part of English law; the substance of the Lugano Convention, which the government hopes to join; the incorporation of the 2005 Hague Convention on Choice of Court Agreements into English law, and developments in the common law rules of jurisdiction, injunctions, and foreign judgments. This text aims to be an authoritative and comprehensive reference for all legal practitioners working in commercial law across jurisdictions as well as the judiciary.

Civil Jurisdiction in Scotland

Author : Alexander Elder Anton
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EU Principles on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters

Author : Jannet A. Pontier
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The present book offers the reader insight into how the Court of Justice of the European Communities justifies its interpretations of the European legal rules on international jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Our examination of the more than one hundred decisions which the Court has delivered under the 1968 Brussels Convention shows that the Court uses the principles, which in its opinion underlie the explicit rules, as reasons to justify its decisions. These principles are described in the book and it is shown how they relate to each other. The system of principles that has been identified in this study forms an important part of the Brussels Convention’s legacy for the new Regulation No. 44/2001, which replaced the Convention on March 1, 2002. It constitutes a catalogue of arguments that will be employed by the Court to justify its interpretation of the provisions of the new regulation. As such, this book will be of great value to practitioners in international law as well as to academics and students alike. Jannet A. Pontier (Ph.D.) Edwige Burg (Ph.D.) Professor of Law Lecturer and researcher Department of Private International Law Department of Private International Law Senior Research Associate at the Research Associate at the Amsterdam Institute for Private Law Amsterdam Institute for Private Law University of Amsterdam University of Amsterdam Amsterdam, The Netherlands, January 2004 VII TABLE OF CONTENTS