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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Description/Abstract
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.
| Item Type: | Article |
|---|---|
| ISSNs: | 0306-2945 (print) |
| Subjects: | J Political Science > JX International law K Law > K Law (General) |
| Divisions: | University Structure - Pre August 2011 > School of Law |
| Item ID: | 179505 |
| Date Deposited: | 08 Apr 2011 12:44 |
| Last Modified: | 02 Mar 2012 11:36 |
| Contributors: | Morgan, Phillip (Author) |
| Date: | 2011 |
| Status: | In Press |
| URI: | http://eprints.soton.ac.uk/id/eprint/179505 |
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