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.
This title is included in Bloomsbury Professional's Company and Commercial Law and Employment Law online services.
Rezensionen / Stimmen
A comprehensive and accessible account of international disputes, offering a wealth of reference material and practical and tactical guidance...Apart from the author's impressive mastery and accessible exposition of the complications of what used to be called 'conflict of laws', what is particularly valuable about this book is the extensive number of case studies it includes covering employment and commercial dispute scenarios...This book is a tremendous achievement and will be well worth having to hand when those tricky conflicts questions crop up. * ELA Briefing * ...I purchased a copy of [this] book this week and it is marvellous. I am sure it is going to be a very useful resource on the gateways and choice of law, and Lugano, if that happens! I am in particular looking forward to reading the specific chapters in Part II. I have read today the Team Move chapter and enjoyed it immensely. * Ben Phelps, Barrister *
Sprache
Verlagsort
Verlagsgruppe
Bloomsbury Publishing PLC
Zielgruppe
Maße
Höhe: 248 mm
Breite: 156 mm
Gewicht
ISBN-13
978-1-5265-1580-3 (9781526515803)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Paul Nicholls KC is a barrister at 4 New Square. He has a diverse practice which includes in particular cases at the commercial end of employment law but also broader commercial work and regulatory and public law cases.
A major part of his practice is in High Court employment and related commercial work. This involves urgent applications for injunctions and related relief, including search and freezing orders, applications to enforce post-termination restraints, to prevent team moves and for springboard relief and orders for the interrogation of computers in order to identify and delete confidential information. This work also involves substantial trial litigation such as team move claims, wrongful dismissal, bonus claims and restrictive covenant and garden leave trials. He also undertakes purely commercial cases involving a range of contractual disputes and commercial arbitrations.
His work frequently has an international element and he has to advise and formulate arguments based on jurisdiction and applicable law, often seeking to avoid courts and tribunals claiming jurisdiction over litigants or persuading the English court to take jurisdiction, as in one case where he secured an injunction in England to restrain action in connection with a team move in the UAE.
Autor*in
4 New Square, UK
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
