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Foreign Law in English Courts | Zookal Textbooks | Zookal Textbooks
  • Author(s) Richard Fentiman
  • SubtitlePleading, Proof and Choice of Law
  • Edition
  • Published1st April 1998
  • PublisherOxford University Press UK
  • ISBN9780198258780

Pleading, Proof and Choice of Law

How foreign law is established, and whether it must be relied upon at all, are central issues in private international law, with important implications in principle and in practice. 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 the content of foreign law the object of that process is undermined. The cost and unpredictability of establishing foreign law also
have an important impact on litigation, affecting the parties' choice of forum, and how cases are argued and decided. This book, the first detailed examination of the topic in English law,
is an account of the pleading and proof of foreign law from an English perspective, which also places the law in a comparative context, and considers options for reform. It provides a practical guide to the subject, but also presents the conflicts process in a way which is both novel and illuminating. Recognized as the leading account of the subject, this book is the first point of reference for both scholars and practitioners. It is frequently cited with approval in the courts, in
England and elsewhere, notably in leading cases such as MCC v Bishopsgate Investments (1998, Court of Appeal), Shaker v Al Bedrawi (Court of Appeal, 2002), and Neilson v Overseas Projects Corporation
(High Court of Australia, 2005).

Foreign Law in English Courts

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  • Author(s) Richard Fentiman
  • SubtitlePleading, Proof and Choice of Law
  • Edition
  • Published1st April 1998
  • PublisherOxford University Press UK
  • ISBN9780198258780

Pleading, Proof and Choice of Law

How foreign law is established, and whether it must be relied upon at all, are central issues in private international law, with important implications in principle and in practice. 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 the content of foreign law the object of that process is undermined. The cost and unpredictability of establishing foreign law also
have an important impact on litigation, affecting the parties' choice of forum, and how cases are argued and decided. This book, the first detailed examination of the topic in English law,
is an account of the pleading and proof of foreign law from an English perspective, which also places the law in a comparative context, and considers options for reform. It provides a practical guide to the subject, but also presents the conflicts process in a way which is both novel and illuminating. Recognized as the leading account of the subject, this book is the first point of reference for both scholars and practitioners. It is frequently cited with approval in the courts, in
England and elsewhere, notably in leading cases such as MCC v Bishopsgate Investments (1998, Court of Appeal), Shaker v Al Bedrawi (Court of Appeal, 2002), and Neilson v Overseas Projects Corporation
(High Court of Australia, 2005).
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