| Description |
1 online resource (988 pages) |
| Series |
Lloyd's Commercial Law Library |
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Lloyd's commercial law library.
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| Contents |
Cover; Title; Copyright; Contents; Preface; Table of Cases; Table of Statutes; Table of Statutory Instruments; Table of Civil Procedure Rules; Table of European Legislation; CHAPTER 1 INTRODUCTION; Nature of the subject and scheme of the book; 1.01 General introduction; English common law and common European law; 1.02 General; 1.03 Relationship between jurisdictional systems; Primary sources of the law ; 1.04 The Conventions ; 1.05 The Brussels Convention; 1.06 Accession of Denmark, Ireland and the United Kingdom; 1.07 Accession of the Hellenic Republic; 1.08 Accession of Portugal and Spain |
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1.09 Accession Austria, Finland and Sweden 1.10 The Lugano Convention ; 1.11 The Brussels Reflation: Regulation (EC) 44/2001; 1.12 The Lugano II Convention; 1.13 The Brussels Regulation 'recast': Regulation 1215/2012; Secondary sources of the law; 1.14 General; 1.15 Official Reports on the Brussels and Lugano Conventions; 1.16 References to the European Court for a preliminary ruling; 1.17 The authority of decided cases; 1.18 Academic sources; Human rights and discrimination; 1.19 European Union law and the Human Rights Act; 1.20 The European Convention on Human Rights |
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1.21 Article 6 of the ECHR and the right to a fair hearingCHAPTER 2 JURISDICTION UNDER THE BRUSSELS I REGULATION; Introductory matters; 2.01 General; 2.02 General principles of interpretation of the Regulation; 2.03 The terms of the Regulation are given an equal and uniform interpretation; 2.04 The nature of autonomous interpretation; 2.05 A purposive interpretation of the Regulation; 2.06 Where the Regulation has general rules and exceptions, the latter are construed narrowly; 2.07 Interpretation must help keep the risk of irreconcilable decisions to a minimum |
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2.08 Interpretation should promote legal certainty, predictability and proximity2.09 All national courts are of equal authority, and none has institutional superiority; 2.10 The hierarchy ot jurisdictional rules; 2.11 Disputing the jurisdiction of the English court; 2.12 The need to be first to commence proceedings; 2.13 Prospective claimant; 2.14 Prospective defendant; 2.15 The absence of other means of preventing a court from exercising jurisdiction; 2.16 Bringing substantive proceedings notwithstanding those in another court |
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2.17 Application for an injunction to restrain the bringing of proceedings in other Member States2.18 Bringing proceedings in a non-Member State; 2.19 What a defendant should do if served with process in a case to which the Regulation applies; 2.20 What a claimant may do if the defendant does not enter an appearance; 2.21 The nature of the jurisdictional rules of the Regulation; 2.22 The hierarchy of jurisdictional rules established by the Regulation; (1) The domain or scope of the Brussels I Regulation; 2.23 General |
| Notes |
2.24 Temporal, geographical, personal and international scope of the Regulation |
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Print version record |
| Subject |
Conflict of laws -- Jurisdiction -- England
|
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Conflict of laws -- Jurisdiction -- Europe
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Conflict of laws -- Jurisdiction
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England
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Europe
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| Form |
Electronic book
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| ISBN |
9781315736303 |
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1315736306 |
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