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Dicey, Morris & Collins on the Conflict of Laws
Dicey, Morris & Collins on the Conflict of Laws
15th Edition, Mainwork & 5th Supplement
Practice Area:  Conflict of Laws
ISBN:  9780414035027
Published by:  Sweet & Maxwell
Publication Date:  18 Dec 2018
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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PRODUCT DESCRIPTION
Dicey, Morris & Collins on the Conflict of Laws is renowned worldwide as the foremost authority on private international law. It explains the rules, principles and practice that determine how the law of England & Wales relates to other legal systems. Its commentary and illustrations, with detailed reference to case law, ensures it remains an in-depth but accessible research tool for practitioners engaged in trans-national work, whether litigious or not.

The 5th Supplement to the 15th Edition brings the main work up-to-date and deals with all the developments since the publication of the main work.

Renowned worldwide as the foremost authority on private international law, Dicey, Morris & Collins on the Conflict of Laws:
  • Explains the rules, principles and practice that determine how the law of England and Wales relates to other legal systems, dealing (in volume 1) with general principles, procedure, state immunity, jurisdiction of courts, enforcement of foreign judgments and international arbitration, before covering (in volume 2) family law, property law and trusts, corporations and bankruptcy, contracts, torts, unjust enrichment and equitable claims, and foreign currency obligations
  • Deals with the rules for ascertaining the domicile and residence of a natural person
  • Looks at distinction between matters of substance and matters of procedure, remedies and process, evidence, set-off and counterclaims, priorities and damages, and statutes of limitation
  • Covers a number of significant procedural issues which arise in the conduct of international litigation, such as freezing injunctions, service of process, obtaining evidence overseas and security for costs
  • Looks at the mode of proving foreign law
  • Deals with the jurisdiction of the English courts under the recast Brussels I Regulation, at common law and pursuant to international conventions and statutes
  • Deals with jurisdictional immunities of foreign States, diplomats and consuls, and members of international organisations
  • Explains the enforcement and recognition in England of foreign judgments from both within and outside the European Union
  • Deals with the law governing arbitration agreements and procedure, the enforcement of arbitral awards and the relationship between court and arbitral proceedings
  • Covers specific areas of law including family law, the law of property and trusts, corporations, insolvency and bankruptcy, the law of obligations including contract, tort, unjust enrichment and foreign currency obligations

Important developments considered in the 5th Supplement include:
  • An updated Preface entitled “Brexit and the Conflict of Laws” explaining the implications of Brexit for cross-border litigation
  • Detailed commentary on the recast Insolvency Regulation
  • All the many new European Court, Commercial Court and appellate cases on jurisdiction and enforcement of foreign judgments
  • Authorities on the enforcement of arbitration agreements
  • Authorities on the enforcement of foreign penal laws, state immunity and act of state
  • Important new decisions on the Hague Convention on International Child Abduction 1980 and on habitual residence
  • New decisions on the interpretation of the rules on choice of law for contractual and non-contractual obligations and property.



Dicey, Morris & Collins on the Conflict of Laws is written and edited by an unrivalled team, combining academic excellence with practical expertise. The General Editors are: Lord Collins of Mapesbury, who was until 2011 a Justice of the Supreme Court of the United Kingdom, and is now Professor of Law, University College London; and Professor Jonathan Harris QC (Hon.), Professor of International Commercial Law, King’s College, London.

CONTENTS

VOLUME ONE

Part 1: Preliminary Matters
1. Nature and scope of the conflict of laws
2. Characterisation and the incidental question
3. The time factor
4. Renvoi
5. The exclusion of foreign law
6. Domicile and residence

Part 2: Procedure
7. Substance and procedure
8. International litigation
9. Proof of foreign law

Part 3: Jurisdiction and Foreign Judgments
10. Jurisdictional immunities
11. Jurisdiction in claims in personam
12. Forum non conveniens, lis alibi pendens, anti-suit injuntions and jurisdiction agreements
13. Jurisdiction in admiralty claims in rem
14. Foreign judgments
15. Jurisdiction and enforcement of judgments under multilateral conventions
16. Arbitration and foreign awards

VOLUME TWO

Part 4: Family Law
17. Marriage
18. Matrimonial clauses
19. Children
20. Legitimacy, legitimation and adoption
21. Mental incapacity

Part 5: Law of Property
22. Nature and situs of property
23. Immovables
24. Particular transfers of movables
25. Governmental acts affecting property
26. Administration of estates
27. Succession
28. The effect of marriage on property
29. Trusts

Part 6: Corporations and Insolvency
30. Corporations and corporate insolvency
31. Bankruptcy

Part 7: Law of Obligations
32. Contracts: General rules
33. Particular contracts
34. Non-Contractual Obligations: Common Issues
35. Torts/Delict
36. Unjust enrichment, equitable claims and negotiorum gestio
37. Foreign currency obligations
Appendices
Index

CONTRIBUTOR INFORMATION

Dicey, Morris & Collins on the Conflict of Laws is written and edited by an unrivalled team, combining academic excellence with practical expertise. The General Editors are: Lord Collins of Mapesbury, who was until 2011 a Justice of the Supreme Court of the United Kingdom, and is now Professor of Law, University College London; and Professor Jonathan Harris, Professor of International Commercial Law, King’s College, London.

EDITORS & EDITORIAL BOARD

General Editors:
Lord Collins of Mapesbury and Professor Jonathan Harris.

Editors:
Sir Richard Aikens;
Edward Devereux QC;
Professor Andrew Dickinson;
Professor J.D. McClean;
Campbell McLachlan QC;
Professor Gerard McCormack

Assistant Editor: Veronica Ruiz Abou-Nigm

AVAILABLE ONLINE

Dicey, Morris & Collins The Conflict of Laws is available online via Westlaw UK's renowned interface delivering unprecedented functionality and navigation.

To find out more about the definitive collection of titles on Westlaw UK please visit http://legalresearch.westlaw.co.uk/inside-westlaw-uk/books-looseleafs/

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