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The first edition of this book offered a restatement of European and English Private International Law as it was applied in the English courts. The decision of the UK to withdraw from the EU, and of the EU to bar the UK from entry to the Lugano Convention, has meant that the broad structure of the book needed fundamental change to reflect the new - but in some ways, much more archaic - law. In working out and working through the complex consequences of the separation, it is apparent that the law has lost some of the coherence it had developed. Whether the rough edges of the new system can be smoothed, and how that can be achieved, is something which only time will tell. In this developing situation, this new edition endeavours to describe and explain how it all works (and sometimes does not work). The book provides critical analysis and guidance relevant both before and during litigation. Written by an academic and practising barrister with over 40 years of experience, this book offers an approach to private international law as it stands six years after the national referendum, in much the same way as the previous edition did with the hybrid system of English and European law before that event. Only by having understood the state, structure, and coherence of the law prior to Brexit, can one really comprehend the effect of the new legal reality.
This text investigates the structural shifts and functional challenges within English private international law following the United Kingdom's withdrawal from the European Union. Adrian Briggs, an academic and practicing barrister with four decades of experience, utilizes his dual perspective to analyze how the legal system has transitioned from a hybrid European-English framework to a more archaic, post-Brexit reality. The work argues that understanding the previous coherence of the law is a prerequisite for navigating the current, fragmented legal landscape.
What You Will Find
Scope Limits
Legal professionals and scholars frequently cite this work as a primary resource for understanding the practical implications of post-Brexit jurisdictional changes. Experts highlight the author's ability to bridge the gap between academic theory and the realities of courtroom practice.
Page Count:
336
Publication Date:
2023-01-01
Publisher:
OUP Oxford
ISBN-10:
0192694170
ISBN-13:
9780192694171
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