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 currency (or currencies) of a claim often has a dramatic effect on the level of a court judgment or arbitration award that is ultimately obtained. It is, therefore, vital for practitioners to accurately assess claims which involve a foreign currency element.
The authors guide the reader through the legal principles governing how foreign currency claims are treated in English law. The book covers both the treatment of foreign currency in substantive law as well as such procedural matters as how to claim interest correctly on a foreign currency claim and how to plead, prove or disprove the applicability of a particular currency.
This book is an invaluable and essential resource for all lawyers involved in international commerce, but will be of particular interest to those engaged in international finance, commodity transactions, international shipping and transport, and the insurance of assets and liabilities abroad.
"Those who practise in this country need guidance in navigating the tricky waters that The Despina R unleashed. This excellent book provides that guidance."
The authors "have been uniquely well placed to meet the challenge of analysing what is a perplexing body of jurisprudence, and to suggest principled answers to currency issues that have not yet been the subject of judicial decision. They consider not merely claims in contract and tort, but every type of claim that might raise an issue in relation to a foreign currency."
The Rt Hon. The Lord Phillips of Worth Matravers, KG, PC,
President of the Supreme Court of the United Kingdom, 2009-2012
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
In this series you will find expert commentary and analysis on wide-ranging aspects of commercial law including commercial agents, the law of deceit, and financial crisis management. All the titles are dedicated to meeting the needs of commercial law specialists.