Paul Mitchell

William Day

Louise Merrett

This collection of essays contains in-depth analyses of eighteen landmark cases in private international law, from Penn v Lord Baltimore in 1750 to Brownlie v FS Cairo (Nile Plaza) LLC in 2021. The contributors are experts drawn from academia and practice as well as from the bench. Case law has been a central driver in the legal development of the English conflict of laws. Judge-made law does not just supply a source of law itself but also acts as the crucible in which other sources of law – legislation, international Treaty, European regulation, and ideas generated by jurists such as Joseph Story and Albert Venn Dicey – have been tested and applied. This book sheds new light on the past and future evolution of private international law by focusing on the landmark cases which have fundamentally shaped the way that we think about this subject. The focus is on the English common law, but landmarks in Scotland, Australia and Canada are covered as well. Many of them concern disputes between commercial parties; others deal with issues such as marriage and domicile; and some arise from controversies in political, constitutional and international affairs. The landmark cases tackled in this collection address significant issues in civil jurisdiction, governing law, foreign judgments, and public policy. The essays place those landmarks in their historical context, explain their contemporary importance, and consider their future relevance.

Landmark Cases in Private International Law

Marcus Smith

Raymond Cox

Now in its second edition, this is the only book dedicated to this subject. Private International Law of Reinsurance and Insurance provides a practical and easy-to-use reference in this complex area of law, comparing European regime and common law. Fully updated for the second edition, Private International Law of Reinsurance and Insurance now covers: Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; Regulation No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I); Financial Services and Markets Act 2000 (Law Applicable to Contracts of Insurance) Regulations 2009 (SI 2009/3075); Third Parties (Rights Against Insurers) Act 2010; Solvency II. This book provides a clear and useful guide to identifying the applicable legal regimes and relevant rules insofar as they concern reinsurance and insurance disputes and will be an indispensable reference for insurers and reinsurers as well as policy-makers and legal practitioners who deal with insurance and reinsurance.

Private International Law of Reinsurance and Insurance

With employment contracts increasingly involving international elements, cases involving any international aspect require the application of rules of private international law to determine which court or tribunal can hear the case, and what law will be applied to determine the dispute. The Rome I and Rome II Regulations, and the Brussels I Regulation (BIR) all contain special regimes of rules for employment contracts, which have remained applicable in the UK following Brexit. This new edition includes an updated treatment of both the Rome Regulations, and a detailed chapter analysing the rules contained in the BIR recast, which replaced the Brussels I Regulation in 2015. Employment Contracts in Private International Law offers an exposition of the substantive law background, covering the jurisdictional and the choice of law rules to identify commonality and overlaps, and explore their rationale in order to provide a better understanding of each. It deals with the common law rules on jurisdiction, and emphasises how those rules are likely to apply in an employment context. The scope of the book includes coverage of the difficult overlapping provisions which apply to posted workers, as well as other claims which might arise out of the employment relationship such as claims in tort or for breach of statutory duty. Chapters tackle topics including the meaning of employment in national law and private international law; private international law issues involving international employment contracts; jurisdiction under the BIR and substantive changes following the recast; national jurisdiction rules; choice of law, mandatory rules particularly focusing on territorial scope; posted workers; and cross-border enforcement of restrictive covenants. Problematic areas of private international law - such as the difficult-to-negotiate role of tort law and its interaction with contract - are given special attention, and restrictive covenants are also addressed in a dedicated chapter. Each chapter is also usefully concluded in sections which summarise the analysis and scope of the coverage. The UK's withdrawal from the EU saw this country's legal system cease judicial co-operation with Member States in jurisdiction and the recognition of judgments. While the Brexit transition has been smoother for applicable law, with both the Rome I and Rome II Regulations being carried across into the body of 'retained EU law', and provisions relating to individual employment contracts being imported from the BIR recast into national law, the jurisdictional landscape for employees looks very different now. Employment Contracts in Private International Law is a timely new edition in view of the twin challenges of the post-Brexit legal landscape, and the rapid evolution of our understanding of the workplace as a result of technological advances and the COVID-19 pandemic.

Louise Merrett

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