European Civil Practice

Cross-border litigation in Europe will increase substantially with the completion of the internal market in 1992. Jurisdiction over civil and commercial disputes in the EEC is now determined by the 1968 Brussels Convention on Jurisdiction and Judgments which also regulates questions of recognition and enforcement. Initially drafted by continental lawyers for use in the original six member states of the EEC, it was later adapted to accommodate the interests of the United Kingdom and other new member states. It was incorporated into English Law by the 1982 "Civil Jurisdiction and Judgments Act". In 1987 this new and complex scheme took effect in the United Kingdom. The repercussions for the British lawyer are enormous. Not only is it necessary for lawyers to have a clear understanding of the Convention and the 1982 Act; it is also essential that they have some knowledge of the court systems and procedural requirements of the other EEC states. Part 1 of this volume explains English procedure and practice as they apply to cross-border litigation in the light of the 1982 Act.
Part 2 gives detailed commentary on the 1968 Convention and discusses over 50 decisions of the European Court on its application. It also includes a section by section analysis of the 1982 Act. Part 3 is a comparative description of legal systems of Belgium, Denmark, France, Germany, Ireland, Italy, Luxembourg, the Netherlands, Scotland and Northern Ireland, written in collaboration with practising lawyers in each of those countries.