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Accidents Abroad
International Personal Injury Claims
ISBN:
9781847035592
Published by:
Sweet & Maxwell
General Editors:
Bernard Doherty; Katharine Scott; Colin Thomann
Publication Date:
24 Aug 2009
Format:
Hardback
£135.00
Free UK delivery
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Product Description
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Contents
Product Description
Aimed specifically at personal injury lawyers and written by an experienced practitioner, Accidents Abroad is a conflict of laws text book that:
Provides concise, accurate analysis on a complex area of law that, as travel increases, is becoming routine even for the general personal injury practitioner
Covers the jurisdictional issues arising in personal injury litigation, under EU Regulation 44/2001, the Lugano Convention, and at common law
Considers in detail the grounds on which an English court will accept or reject jurisdiction
Looks at the rules applied by the English courts when choosing the law to be applied to a case, including a detailed description both of the existing English law English law and of Rome I and Rome II, European Regulations which will transform English law in the area
Provides guidance on the procedural aspects of dealing with claims with an international element
Examines particular classes of international claims, including road traffic accidents, employers' liability, package holidays, environmental claims, product liability, and accidents on aircraft, ships and trains
Includes a glossary to help the general reader with the technical terms and Latin phrases that abound in these cases
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Contents
I - Fundamental Principles of Conflict of Laws
Introduction
What is 'Abroad'
What is Conflict of Laws
Jurisdiction and Applicable Law
Lex fori and lex causae
Domicile
Identifying the Cause of Action
II - Jurisdiction and Applicable Law
Jurisdiction
Introduction
Brussels Regulation
Common Law Allocation of Jurisdiction
Applicable Law
Introduction
Torts
Contracts
Restitution and Contribution Claims
Procedural or Substantive Law
In General
Limitation
Assessment of Damages
Miscellaneous
Procedure
Procedural Aspects
III - Particular Cases
Introduction
Employer's Liability for Employment Abroad
Package Holidays
Road Traffic Accidents
Carriage by Rail
Carriage by Sea
Carriage by Air
Glossary
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