Conflict of Laws (also referred to as Private International Law) is an important area of law in relation to the resolution of cross-border disputes and concerns the rules that are applied by the courts in England and Wales to cases that have a foreign element, for example a defendant who is resident in a foreign jurisdiction or a contract which involves parties in different jurisdictions. As the outcome of Brexit negotiations is likely to have important implications for the future of Conflict of Laws as applied by courts in England Wales now is a fascinating and important time to study this subject.
In this this full -day session will take you learn how to master the important area of Conflict of Laws and how to communicate that mastery in a manner which will attract top grades. Practice makes perfect and you will be taken through numerous example questions in a structured and forensic manner.
To gain the best grades you must be able to analyse the facts and produce a forensically argued and comprehensively structured answer. In short you must demonstrate lawyerly skills in analysing and communicating information.
A comprehensive and highly interactive session which will bolster and consolidate key knowledge of these key areas and show you exam-answer busting strategies which will maximise performance and deliver the highest grades. A must for those studying for the LLB and GDL. Highly effective for those studying other programs involving the analysis and application of Private International Law.
Format Interactive session based on actual exam questions and hypotheticals. The Session will consider;
- How to structure a First-Class answer
- Separating facts and issues
- Expressing yourself as a lawyer
- How to use (and not to use) legal Authority
- What the examiner wants to see
Content AM session (0930 – 12.30) – Jurisdiction and Foreign judgments
Interactive analysis of these key Conflict of Laws subject areas tested on LLB and GDL examinations
- The rules on jurisdiction at common law
- Staying English and foreign proceedings & anti-suit injunctions
- The use of foreign jurisdiction clauses
- The English law on sale of goods – The Sale of Goods Act 1979 and the Consumer Right Act 2015
- The EU rules on jurisdiction under Brussels I and Brussels I Recast
- The different regimes for the enforcement of foreign judgements in England and Wales
- The rules for enforcing at common law and the defences to enforcement
- The regime for the enforcement of intra-EU judgments
Content PM session (1400 – 1700) – Conflicts rules for Contract and Tort & other areas
- The conflict rules for contracts under the Rome Convention and the Rome I Regulation
- Choice of governing law & rules where no choice is made
- Scope of applicable law and mandatory rules
- The common law tort rules and the Rome II Regulation
- Conflicts rules for tangible and intangible property
- Other syllabus areas – Succession, trusts and matrimonial matters
Prices: Jurisdiction & Foreign Judgments £100 inc VAT (Price includes Analysis Pack)
Conflict rules for contract & tort £100 inc VAT Price (includes Analysis Pack)
Combined price for both courses £150 inc VAT