Private International Law

• Credit value: 15 credits at Level 6
• Convenor: Kumari Lane
• Assessment: coursework of 3500 words (100%)

Private international law (or conflict of laws) deals with the problems that can be faced by a court when considering a case which has a foreign element. This subject is of increasing importance in the context of the processes of economic globalisation.

When Betty from Barbados and Iqpal from Exeter make a contract in London, or are involved in an accident caused by negligence in Venezuela, any litigation arising from their behaviour will involve the application of private international law. If Betty and Iqpal ask you for advice after you have completed this course, you should be able to answer the following questions for them:

• Which courts can hear their case?
• Which national law will the court apply to the case?
• Where, and to what extent, can they rely upon and enforce the judgement in their case?
• What are the practical implications of these answers for Betty and Iqpal?

Private international law rules differ between nation states. This module will concentrate on those used in England.

Indicative syllabus

• Domicile and other personal connecting factors: how private international law rules seek to link or allocate individuals to jurisdictions and laws
• Renvoi and the exclusion of foreign law: the extent to which the applicable law pointed to by private international law rules will actually be applied by the English courts
• Establishing jurisdiction under the common law and the Brussels regime: the rules for determining which court has jurisdiction to hear a case under the common law and the Brussels regime, and the Brussels Recast Regulation in particular
• Staying and restraining proceedings: how parties can escape from otherwise good jurisdiction (by asking for English proceeding to be stayed, or foreign proceedings to be restrained) under the common law and the Brussels regime
• Forum shopping, forum non conveniens and globalisation: why and how the practice of forum shopping, and the principle of forum non conveniens in particular, can be used and abused
• Foreign judgments under the common law and the Brussels regime: how and to what extent a foreign judgment will be recognised and enforced under the common law and the Recast Regulation rules
• Choice of law in contracts: how the English courts determine what law is applicable to a contract under the Rome I Regulation rules
• Choice of law in torts: how the English courts determine what law is applicable to torts under the Rome II Regulation