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The pleading and proof of foreign law are often treated as atters of peripheral importance. But, in reality, how foreign law is established, and whether is must be established at all, are central issues in private international law. Whether litigants are free to ignore the foreign elements in a ...

The pleading and proof of foreign law are often treated as atters of peripheral importance. But, in reality, how foreign law is established, and whether is must be established at all, are central issues in private international law. Whether litigants are free to ignore the foreign elements in a dispute goes to the heart of the conflicts process, and without effective means to establish foreign law the very purpose of that process is subverted. Such issues give rise to particular problems in English law. It is often unclear whether the rules for choice of law are mandatory, and whether the application of foreign law is therefore required. The cost and uncertainty of establishing foreign law may also affect how cases are argued and decided, and may discourage litigants from suing at all. This book, the first to examine the topic from the perspective of English law, offers a radical reappraisal of a long-neglected subject. Fentiman argues that the law is both more complex, and more defensible, than had previously been supposed. He provides a practical guide to the subject and in so doing presents the conflict of laws in a way which is both novel and illuminating. The book will be recognised by practitioners and scholars alike as a welcome addition to the series of Oxford Monographs in Private International Law.

This work consists of nine essays in the broad field of private international law, some originally delivered as lectures, others written as law journal articles. The author draws on his experience as a Law Commissioner, in European Community negotiations in Brussels, and in providing advice to the ...

This work consists of nine essays in the broad field of private international law, some originally delivered as lectures, others written as law journal articles. The author draws on his experience as a Law Commissioner, in European Community negotiations in Brussels, and in providing advice to the government on private international law matters. Where appropriate, the essays include new introductions, examining major developments which have occurred since they were originally written.

This clear and authoritative introduction to the principles of private international law, a complex and rapidly changing area, now appears in a revised and fully updated form. In this new third edition, the chapters on tort, jurisdiction, and staying of actions have been almost entirely rewritten ...

This clear and authoritative introduction to the principles of private international law, a complex and rapidly changing area, now appears in a revised and fully updated form. In this new third edition, the chapters on tort, jurisdiction, and staying of actions have been almost entirely rewritten. The chapter on the Brussels and Lugano Conventions has been recast and expanded. The growing influence of European Union law on U.K. private international law is evident in this new edition, which will be a valuable text for students and practitioners alike.