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A guide to the conflict of laws dealing with jurisdiction and applicable law in commercial and employment-related cases enabling practitioners to assimilate and understand the rules which apply in cases that have an international element. Commercial claims have long had an international element and the same is increasingly true for employment cases in particular in employee competition or team moves where, for example, a defendant in country A is orchestrating a team move in country B. This book assists practitioners by having the law relevant to these sorts of cases in one place in an easy to understand manner. It states the law applicable in particular to both commercial and employment cases. This covers both High Court claims but also, in its employment section, statutory claims involving employees who work abroad or otherwise may be said to lack a connection with the UK. It uses examples to augment the statement of the law and offers tactical and strategic guidance based on real cases. As well as providing a guide to the law, comment on the strategy and tactics underlying claims and defences are provided and examples of how these matters can and do play out in practice are given.
Chapter 1 Introduction Part I Conflict of law rules Chapter 2 The UK's departure from the EU Chapter 3 Jurisdiction Chapter 4 Challenges to jurisdiction Chapter 5 Lis alibi pendens Chapter 6 Choice of law Chapter 7 Choice of law in contract Chapter 8 Choice of law in respect of non-contractual obligations Chapter 9 Anti-suit injunctions Chapter 10 Practice and procedure Chapter 11 Interim remedies Chapter 12 Proof of foreign law Chapter 13 Foreign judgments Chapter 14 Jurisdiction in the employment tribunal Part II How applicable rules apply to employment and commercial cases Chapter 15 Team moves Chapter 16 Breach of confidence Chapter 17 Applications for anti-suit injunctions Chapter 18 Breach of contract claims between employers and employees involving different jurisdictions Chapter 19 Employment tribunal claims involving foreign employers and related parties Chapter 20 Breach of fiduciary duty Chapter 21 Fraud Chapter 22 International sales contracts Chapter 23 Contracts for services Chapter 24 Economic torts
Author(s) | By Paul Nicholls, KC (4 New Square, UK). |
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Publisher | Bloomsbury Publishing PLC |
ISBN | 9781526515803 |
Format | Hardback |
Pages | 600 |
Published in | United Kingdom |
Published | 15 Dec 2020 |
Availability | Available |
Practice Area
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Company, commercial & competition
- Agency law
- Aviation law
- Commercial law
- Company law
- Company, commercial & competition law
- Competition law \ Antitrust law
- Construction & engineering law
- Contract law
- E-commerce law
- Energy & natural resources law
- Franchising law
- Outsourcing law
- Partnership law
- Procurement law
- Sale of goods law
- Shipping law
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Constitutional & administrative
- Asylum law
- Citizenship & nationality law
- Constitutional & administrative law
- Election law
- Freedom of expression law
- Freedom of information law
- Government powers
- Human rights & civil liberties law
- Immigration law
- Judicial review
- Local government law
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- Parliamentary & legislative practice
- Privacy law
-
Criminal law & procedure
- Criminal justice law
- Criminal law & procedures
- Criminal procedure
- Criminal procedure: law of evidence
- Fraud
- Harassment law
- Juvenile criminal law
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- Police law & police procedures
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- Sentencing & punishment
- Terrorism law
- Employment & labour
- Environment, transport & planning
- Equity & trusts
- Family
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- Intellectual property
-
International
- Customary law
- Diplomatic law
- International
- International arbitration
- International communications & telecommunications law
- International courts & procedures
- International criminal law
- International economic & trade law
- International environmental law
- International human rights law
- International humanitarian law
- International law
- International law of territory & statehood
- International law of transport, communications & commerce
- International law reports
- International maritime law
- International organisations & institutions
- International space & aerospace law
- Investment treaties & disputes
- Jurisdiction & immunities
- Law of the sea
- Private international law & conflict of laws
- Public international law
- Responsibility of states & other entities
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-
Jurisprudence & general
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Legal system
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- Primary sources
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- Wills & probate \ Succession
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