The Reciprocal Enforcement Of Foreign Judgments Canada Amendment Order 1989

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Civil Jurisdiction and Judgments

Author : Adrian Briggs
Publisher : Taylor & Francis
ISBN 13 : 1000353532
Total Pages : 1334 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Civil Jurisdiction and Judgments by : Adrian Briggs

Download or read book Civil Jurisdiction and Judgments written by Adrian Briggs and published by Taylor & Francis. This book was released on 2021-04-26 with total page 1334 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

1KBW on Enforcement in Financial Remedy Proceedings

Author : Richard Harrison KC
Publisher : Bloomsbury Publishing
ISBN 13 : 152652256X
Total Pages : 265 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis 1KBW on Enforcement in Financial Remedy Proceedings by : Richard Harrison KC

Download or read book 1KBW on Enforcement in Financial Remedy Proceedings written by Richard Harrison KC and published by Bloomsbury Publishing. This book was released on 2023-02-07 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Almost every contested financial case raises issues of enforcement. Even if these issues do not materialise, it is essential for practitioners to be alive to them when they are negotiating settlements or pursuing an application for financial orders. This work provides a comprehensive guide to enforcement issues both in terms of substantive and procedural law. It also covers international cases where especially difficult issues are often thrown up, offering practical guidance on how such issues might be addressed. The work covers: - General enforcement and specific orders under FPR 2010, Part 33 - A range of orders including freezing orders, search orders and mandatory orders - Committal proceedings and sequestration - Obtaining a 'Hadkinson' order - Assets held in trust including 'sham' trusts - Enforcement of overseas orders - Issues thrown up by international cases Written by specialist family barristers from 1KBW under the general editorship of Richard Harrison KC, this book provides guidance in and understanding of this complex area of law with flowcharts and tables, setting out challenging issues in a concise and digestible way. This title is included in Bloomsbury Professional's Family Law online service.

Butterworths Jurisdiction, Foreign Judgments and Awards Handbook

Author : Graham S. McBain
Publisher : Butterworth-Heinemann
ISBN 13 :
Total Pages : 956 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Butterworths Jurisdiction, Foreign Judgments and Awards Handbook by : Graham S. McBain

Download or read book Butterworths Jurisdiction, Foreign Judgments and Awards Handbook written by Graham S. McBain and published by Butterworth-Heinemann. This book was released on 1994 with total page 956 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides all the relevant materials relating to jurisdiction, governing law and the recognition, or enforcement of foreign judgements in the UK.

Civil Procedure

Author : Great Britain
Publisher :
ISBN 13 :
Total Pages : 2892 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Civil Procedure by : Great Britain

Download or read book Civil Procedure written by Great Britain and published by . This book was released on 2003-05 with total page 2892 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Halsbury's Statutory Instruments

Author : Great Britain
Publisher :
ISBN 13 :
Total Pages : 664 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Halsbury's Statutory Instruments by : Great Britain

Download or read book Halsbury's Statutory Instruments written by Great Britain and published by . This book was released on 1986 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Conflict of Laws

Author : Adrian Briggs
Publisher : Oxford University Press
ISBN 13 : 0198895585
Total Pages : 467 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Conflict of Laws by : Adrian Briggs

Download or read book The Conflict of Laws written by Adrian Briggs and published by Oxford University Press. This book was released on 2024-03-07 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Conflict of Laws provides an introduction and analysis of the rules of private international law as they apply in England, describing the topic's three distinct branches comprising the conflict of jurisdictions, the conflict of judgments, and the conflict of laws. The volume covers a broad range of topics, from examining different jurisdictions, the law applicable to contractual and non-contractual obligations, to the impact of foreign judgements and more. Following a significant period of uncertainty as depicted in the previous edition, this new fifth edition represents the subject as it has settled in the aftermath of the post-Brexit upheaval. It seeks to illustrate how the retained (or assimilated) EU law has been integrated into the overall structure of private international law as it evolved in common law, and to assess the extent to which the nature of the subject has been altered or otherwise affected by the Brexit changes. The areas in which reform or other development may be needed are identified. However, the theme throughout is that the theoretical underpinnings of the subject are strong, if not always appreciated, are rational and robust. It is designed to explain why the detailed rules which make up a subject - which may appear at first sight to be complex - are sensible and coherent.

Statutory Instruments

Author : Great Britain
Publisher :
ISBN 13 :
Total Pages : 816 pages
Book Rating : 4.3/5 (555 download)

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Book Synopsis Statutory Instruments by : Great Britain

Download or read book Statutory Instruments written by Great Britain and published by . This book was released on 1994 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Halsbury's Laws of England

Author : Quintin Hogg Baron Hailsham of St. Marylebone
Publisher :
ISBN 13 :
Total Pages : 1010 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Halsbury's Laws of England by : Quintin Hogg Baron Hailsham of St. Marylebone

Download or read book Halsbury's Laws of England written by Quintin Hogg Baron Hailsham of St. Marylebone and published by . This book was released on 1973 with total page 1010 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Family Law

Author :
Publisher :
ISBN 13 :
Total Pages : 660 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Family Law by :

Download or read book Family Law written by and published by . This book was released on 1991 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law Market

Author : Erin A. O'Hara
Publisher : Oxford University Press
ISBN 13 : 0199718482
Total Pages : 289 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Law Market by : Erin A. O'Hara

Download or read book The Law Market written by Erin A. O'Hara and published by Oxford University Press. This book was released on 2009-02-09 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, a California resident can incorporate her shipping business in Delaware, register her ships in Panama, hire her employees from Hong Kong, place her earnings in an asset-protection trust formed in the Cayman Islands, and enter into a same-sex marriage in Massachusetts or Canada--all the while enjoying the California sunshine and potentially avoiding many facets of the state's laws. In this book, Erin O'Hara and Larry E. Ribstein explore a new perspective on law, viewing it as a product for which people and firms can shop, regardless of geographic borders. The authors consider the structure and operation of the market this creates, the economic, legal, and political forces influencing it, and the arguments for and against a robust market for law. Through jurisdictional competition, law markets promise to improve our laws and, by establishing certainty, streamline the operation of the legal system. But the law market also limits governments' ability to enforce regulations and protect citizens from harmful activities. Given this tradeoff, O'Hara and Ribstein argue that simple contractual choice-of-law rules can help maximize the benefits of the law market while tempering its social costs. They extend their insights to a wide variety of legal problems, including corporate governance, securities, franchise, trust, property, marriage, living will, surrogacy, and general contract regulations. The Law Market is a wide-ranging and novel analysis for all lawyers, policymakers, legislators, and businesses who need to understand the changing role of law in an increasingly mobile world.

Law Notes

Author : Albert Gibson
Publisher :
ISBN 13 :
Total Pages : 380 pages
Book Rating : 4.:/5 (49 download)

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Book Synopsis Law Notes by : Albert Gibson

Download or read book Law Notes written by Albert Gibson and published by . This book was released on 1989 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The New Law Journal

Author :
Publisher :
ISBN 13 :
Total Pages : 1028 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The New Law Journal by :

Download or read book The New Law Journal written by and published by . This book was released on 1992 with total page 1028 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Res Judicata, Estoppel, and Foreign Judgments

Author : Peter R. Barnett
Publisher : Oxford Private International L
ISBN 13 : 9780199243396
Total Pages : 432 pages
Book Rating : 4.2/5 (433 download)

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Book Synopsis Res Judicata, Estoppel, and Foreign Judgments by : Peter R. Barnett

Download or read book Res Judicata, Estoppel, and Foreign Judgments written by Peter R. Barnett and published by Oxford Private International L. This book was released on 2001 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This clear and original book provides a much-needed analysis of the doctrines of res judicata and abuse of process as applied to foreign judgments recognized in England for their preclusive effect. In particular, it examines the four preclusive pleas which are encountered in practice, namely:(i) cause of action estoppel; (ii) issue estoppel; (iii) former recovery per section 34 of the Civil Jurisdiction and Judgments Act 1982; and (iv) the rule in Henderson v Henderson. So far as foreign judgments are concerned, the book examines separately the preclusive effects of foreign judgmentsrecognized according to the English common law and related statutory rules, and foreign judgments which the English courts are obliged to recognize under the Brussels and Lugano Conventions. It also includes a discussion of the preclusive effects of judgments recognized under the proposed HagueConvention on Jurisdiction and Foreign Judgments in civil and commercial matters.Although the complex and technical doctrines of res judicata and abuse of process are well known in the context of domestic judicial decisions, little has hitherto been written analysing how these doctrines apply when the judgment emanates from a foreign court. It is not surprising, therefore, thatthis area of law has been frequently confused and mis-applied. And yet the recognition of foreign judgments for preclusive purposes is an increasingly important area for practitioners and academics - especially for those interested in international commercial litigation, and not least given theimportant treaty developments that are occurring. For these reasons, this book is a very timely work. Written with a practitioner focus, it includes extensive references to res judicata authorities in the United Kingdom, Australia and Canada.

Recognition and Enforcement of Judgments in Civil and Commercial Matters

Author : Anselmo Reyes
Publisher : Bloomsbury Publishing
ISBN 13 : 1509924272
Total Pages : 411 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Recognition and Enforcement of Judgments in Civil and Commercial Matters by : Anselmo Reyes

Download or read book Recognition and Enforcement of Judgments in Civil and Commercial Matters written by Anselmo Reyes and published by Bloomsbury Publishing. This book was released on 2019-09-19 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection offers a study of the regimes for the recognition and enforcement of foreign commercial judgments in 15 Asian jurisdictions: mainland China, Hong Kong, Taiwan, Japan, Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka and India. For practising lawyers, the book is intended as a practical guide to current law and procedures for enforcing judgments in the selected jurisdictions. However, it does not stop at describing current law and practice. Of interest to academics and students, it also analyses the common principles of the enforcement regimes across the jurisdictions, and identifies what should be regarded as the norm for enforcement in Asian countries for the purpose of attracting foreign direct investment and catalysing rapid economic development. In light of the common principles identified, the book explores how laws in Asia may generally be improved to enable judgments to be more readily enforced, while ensuring that legitimate concerns over indirect jurisdiction, due process and domestic public policy are respected and addressed. With this in mind, the book discusses the potential impact that the adoption of the 2005 Hague Convention on Choice of Court Agreements might have on Asian jurisdictions; it also considers the potential impact of the convention for the enforcement of judgments in civil and commercial matters presently being drafted by the Hague Conference on Private International Law. This timely book argues that it is imperative to adopt a uniform system for the recognition and enforcement of judgments throughout Asia if there is to be traction for the enhanced cross-border commerce that is expected to result from endeavours such as the ASEAN Economic Community (AEC), the Belt and Road Initiative (BRI), CPTPP (also known as TPP-11), and RCEP.

The International Trust

Author : John Glasson
Publisher : Jordan Publishing (GB)
ISBN 13 :
Total Pages : 762 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The International Trust by : John Glasson

Download or read book The International Trust written by John Glasson and published by Jordan Publishing (GB). This book was released on 2002 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt: The expression "international trust" has no settled definition, although it is in common use. Generally, the term is applied to a trust that has legal significance with two or more countries. Until the 1960s international trusts were rarely encountered; they are now commonplace. This is partly due to the increased mobility of people and property, but mostly because of the growth of the offshore trust industry. Distilling the knowledge and breadth of experience from a distinguished collection of individual contributors, The International Trust deals with a variety of highly topical and significant issues. These range from international recognition of trusts to protectors and forced heirship, as well as an examination of the particular difficulties that arise in the context of civil law jurisdictions. This book is adapted from, and revises material on, many of the topics covered by the loose-leaf encyclopedia International Trust Laws. For example, chapters dealing with topics of day-by-day practical importance to the practitioner in the international trust field and chapters dealing with trusts from the perspective of Italy and Switzerland are updated and reproduced here in convenient cloth format. In addition the book includes an editor's introduction, providing an overview of the field, and a previously unpublished chapter by Professor Donovan Waters on the future of the trust from a global perspective, reflecting the most cutting-edge thinking.

The Hague Judgments Convention and Commonwealth Model Law

Author : Abubakri Yekini
Publisher : Bloomsbury Publishing
ISBN 13 : 1509947094
Total Pages : 312 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Hague Judgments Convention and Commonwealth Model Law by : Abubakri Yekini

Download or read book The Hague Judgments Convention and Commonwealth Model Law written by Abubakri Yekini and published by Bloomsbury Publishing. This book was released on 2021-08-12 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book undertakes a systematic analysis of the 2019 Hague Judgments Convention, the 2005 Hague Choice of Court Convention 2005, and the 2017 Commonwealth Model Law on recognition and Enforcement of Foreign Judgments from a pragmatic perspective. The book builds on the concept of pragmatism in private international law within the context of recognition and enforcement of judgments. It demonstrates the practical application of legal pragmatism by setting up a toolbox (pragmatic goals and methods) that will assist courts and policymakers in developing an effective and efficient judgments' enforcement scheme at national, bilateral and multilateral levels. Practitioners, national courts, policymakers, academics, students and litigants will benefit from the book's comparative approach using case law from the United Kingdom and other leading Commonwealth States, the United States, and the Court of Justice of the European Union. The book also provides interesting findings from the empirical research on the refusal of recognition and enforcement in the UK and the Commonwealth statutory registration schemes respectively.

The Conflict of Laws

Author : John Humphrey Carlile Morris
Publisher :
ISBN 13 :
Total Pages : 688 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Conflict of Laws by : John Humphrey Carlile Morris

Download or read book The Conflict of Laws written by John Humphrey Carlile Morris and published by . This book was released on 2000 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text covers the broad area of private international law. The fifth edition has incorporated the major developments to have occurred in this area, including: changes brought about by statute, for example, the Private International Law (Miscellaneous Provisions) Act 1995; developments in the EU; and decisions of the English courts, such as those on the Hague Child Abduction Convention.