However, in Cook v Plummer Thorpe LJ stated (obiter) that the application of the Owusu principle 'in the context of family proceedings is perhaps not. . . clear' as there are 'contrary arguments' and the 'decision in Owusu is deeply ...
Starting at the beginning, the question whether an intending litigant, with legal personality, is competent to sue or be sued in an English court is a matter of procedure and governed by English law: English law has to be able to ...
In the established tradition of the Clarendon Law Series, The Conflict of Laws is both an introduction to the subject and a critical consideration of its central themes and debates.
The Conflict of Laws
The result is that if the defence to an allegation of trespass is that the defendant had a licence to enter, or the defence to a ... E' Potter v Broken Hill Pty Ltd (1906) 3 CLR 479; Norbert Steinhardt 5 Son v Meth (1961) 105 CLR 440; ...
This new edition organizes its material in light of European legislation on private international law, reflecting the shift towards understanding private international law as European law with a common law background instead of common law ...
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,...
The text also has a strong E.C. focus.
The book adopts a pragmatic approach and avoids the more abstract theory; as the theory of the conflict of laws is actually to be found in and by applying the legislation and jurisprudence to the cases and issues which arise in private ...
Previously entitled Jaffey on the Conflict of Laws the book continues to offer an ideal introduction to this complex and ever-changing subject.