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.
PART A THE LAW AND THIS BOOK
CHAPTER 1 General
CHAPTER 2 Brexit and its effect on the law
PART B JURISDICTION ACCORDING TO THE LUGANO/BRUSSELS RULES
CHAPTER 3 The Lugano Convention and its interpretation
CHAPTER 4 The jurisdictional structure of the Lugano Convention
CHAPTER 5 Material and other scope of the Lugano Convention
CHAPTER 6 Jurisdiction under another convention or instrument
CHAPTER 7 Exclusive jurisdiction, regardless of domicile
CHAPTER 8 Jurisdiction by Entering an Appearance
CHAPTER 9 Jurisdiction in Matters Relating to Insurance
CHAPTER 10 Jurisdiction in matters relating to consumer contracts
CHAPTER 11 Jurisdiction in relation to individual contracts of employment
CHAPTER 12 Jurisdiction Agreements for a court in a Lugano state
CHAPTER 13 General jurisdiction over defendant domiciled in the United Kingdom
CHAPTER 14 Special jurisdiction over defendant domiciled in another Lugano State (1)
CHAPTER 15 Special jurisdiction: over defendant domiciled in another Lugano State (2)
CHAPTER 16 Residual jurisdiction over defendant with no Lugano State domicile: Article 4
CHAPTER 17 The court’s duty to examine its own jurisdiction
CHAPTER 18 Lis pendens in a Lugano State
CHAPTER 19 Jurisdictional connection to a non-Lugano State
PART C JURISDICTION WITHIN THE UNITED KINGDOM
CHAPTER 20 Jurisdiction within the United Kingdom
PART D COMMON LAW AND STATUTORY JURISDICTION
CHAPTER 21 Common Law Principles of Jurisdiction
CHAPTER 22 Staying proceedings when the court is forum non conveniens
CHAPTER 23 Jurisdiction Agreements
CHAPTER 24 Proceedings commenced by service out of the jurisdiction
CHAPTER 25 Jurisdiction under the Hague Convention on Choice of Court Agreements
PART E PROCEDURAL MATTERS RELATING TO JURISDICTION
CHAPTER 26 Service of process
CHAPTER 27 Disputing the jurisdiction of the English court
CHAPTER 28 Injunctions to restrain wrongful foreign litigation
CHAPTER 29 Damages for loss caused by wrongful litigation
CHAPTER 30 Declaratory judgment on merits of dispute
CHAPTER 31 Provisional and Interim Relief
PART F FOREIGN JUDGMENTS
CHAPTER 32 Schemes for recognition and enforcement of foreign judgments
CHAPTER 33 Foreign judgments taking effect under the Brussels and Lugano rules
CHAPTER 34 Foreign Judgments and the rules of common law
CHAPTER 35 Foreign judgments registered under 1920 and 1933 Acts
CHAPTER 36 Foreign judgments registrable under the 1982 Act
Appendices
I The Lugano Convention
II Hague Choice of Court Convention
III List of rulings of the European Court on the interpretation of the Lugano/Brussels rules
Biography
Adrian Briggs QC is Professor of Private International Law at the University of Oxford, Fellow and Tutor in Law at St Edmund Hall, Oxford, and Barrister at Blackstone Chambers, Temple
