1st Edition

Foreign Currency Claims, Judgments and Damages

By Michael Howard, John Knott, John Kimbell Copyright 2016
392 Pages
by Informa Law from Routledge

392 Pages
by Informa Law from Routledge

392 Pages
by Informa Law from Routledge

Currency fluctuation, currency wars and even potential currency collapse (the Euro, the Bitcoin) are all risks that commercial parties must consider and guard against. This book gathers together in one volume all the information and advice practitioners are likely to need when advising on, advancing or defending claims involving a foreign currency element. The determination of the proper... Read more

Foreword, The Rt Hon The Lord Phillips of Worth Matravers



Chapter 1: Introduction



Chapter 2: Basic Concepts



Chapter 3: Sterling: its Historical Role, and the Decline that Led to a Change in the Law



Chapter 4: The Euro Zone



Chapter 5: The Change in English Law Introduced by Miliangos and its Forebears



Chapter 6: Contract



Chapter 7: Tort



Chapter 8: Restitution and Unjust Enrichment



Chapter 9: The Law of Trusts and Fiduciaries



Chapter 10: Claims Against Limited or Common Funds



Chapter 11: Set-off



Chapter 12: Interest



Chapter 13: Are currency exchange losses recoverable as damages?



Chapter 14: Procedure and Evidence



Chapter 15: Fiat Money, Legal Tender and Alternative Money

Biography

Michael Howard QC is a barrister at Quadrant Chambers in London, where he acts in relation to international commercial disputes and specialises in all aspects of maritime law. He is an arbitrator and the Leader of the English Admiralty Bar. He is also a Visiting Professor of Law at Tulane University, Louisiana; and he has given expert evidence on English law before a number of foreign courts.



John Knott is a consultant at the London head office of international law firm Holman Fenwick Willan, having previously headed up their Admiralty Claims department. He has authored numerous articles dealing with foreign currency claims; and he is a contributor to the Damages title of Halsbury's Laws of England.



John A. Kimbell QC is a barrister at Quadrant Chambers in London and a solicitor (Rechtsanwalt) in Hamburg. His practice encompasses maritime law, aviation, insurance and re-insurance in addition to general commercial litigation and arbitration. He acts as a commercial arbitrator in London and Hamburg.

"An excellent text in a field of great complexity... The text is comprehensive in seeking to cover a wide range of areas in which foreign currency issues may become relevant, and has been prepared by authors who are plainly well-suited to their task. The text will appeal to solicitors and barristers who need to argue these matters, but it also contains much discussion of real academic value."

Charles Proctor Partner, Fladgate LLP

 

"On any view, this is a most remarkable book… a well-researched, masterly study of a difficult subject. The authors tackle head-on practical problems concerning foreign currency claims in disparate areas of the law and, where appropriate, happily stick their necks out in expressing their views. Praise be to the brave. The result is a unique book which provides excellent and invaluable guidance for anyone concerned with claims in a foreign currency."

Hon Sir Bernard Eder, The Law Quarterly Review