Conflicts between jurisdiction and procedure: pre-action civil procedure and jurisdiction—a poor fit
Morgan, Phillip (2011) Conflicts between jurisdiction and procedure: pre-action civil procedure and jurisdiction—a poor fit. Lloyds Maritime and Commercial Law Quarterly, 2011, 275-292. (In Press).
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Lawyers often consider legal issues in isolation, without regard to their connection with other areas of law. Civil procedure is no exception. Pre-Action Protocols required by the English Civil Procedure Rules are deficient in that they interface poorly with the European rules on jurisdiction by unnecessarily exposing a party wishing to engage the jurisdiction of the English court to potentially abusive actions on the part of a defendant who wishes to frustrate this intention. This calls into question the future of England as a jurisdiction for
major international commercial litigation. However, this situation can be readily remedied by the introduction of a new form of starting process.
|Subjects:||J Political Science > JX International law
K Law > K Law (General)
|Divisions:||University Structure - Pre August 2011 > School of Law
|Date Deposited:||08 Apr 2011 12:44|
|Last Modified:||02 Mar 2012 11:36|
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