WEB DESCRIPTOR
This module will provide students with an opportunity to study the legal rules applicable to when English courts will accept jurisdiction to resolve cross-border disputes (question of jurisdiction). It will also deal with the question of laws that courts apply, in determining a dispute that involves a foreign element (question of the applicable law). It will also examine the recognition and enforcement of foreign judgment in England, as well as the recognition and enforcement of English court judgment overseas (question of recognition and of enforcement).
MODULE LEARNING OUTCOMES
Identify, analyse, interpret and evaluate key concepts, principles and debates relating to Private International Law. Knowledge and Understanding, Analysis, Learning
Apply Private International Law rules to complex problems and issues in cross-border situations. Application, Problem Solving
Construct and clearly communicate cohesive written legal arguments for a legal and professional audience. Communication.
Evaluate from comparative and international perspectives, the impact of Private International Law in the context of social, economic, and cultural diversity. Enquiry, Analysis
MODULE ADDITIONAL ASSESSMENT DETAILS
Coursework 100%.
Learning outcomes 1-4
An assessed piece of coursework (4000 words) on an area of Private International Law.
MODULE INDICATIVE CONTENT
The precise content may vary from year to year (based on contemporary developments) but the following is an indicative list of areas that may be covered in the module of the Private International Law:
Concepts & Issues in International Private Law
Jurisdiction (choice of court; forum selection; renvoi)
Connecting factors in international private law (Domicile, nationality, habitual residence)
Contractual Obligations
Non-Contractual Obligations
Applicable law and jurisdiction in matrimonial matters issues
Foreign judgments and orders in English courts
MODULE LEARNING STRATEGIES
The module requires a combined weekly commitment of 3 hours attending lectures (1hour) and workshops (2 hours).
In addition to the time spent attending lectures and workshops, there is a requirement that students prepare for their lectures and workshops. This means that students are expected to commit 6-8 hours of private study each week, in addition to their regular lectures and workshops.
The module aims to provide students with a general grounding in Private International Law, particularly in civil and commercial matters, focussing primarily on jurisdiction, applicable law and the recognition and enforcement of judgments. The technical nature of the Private International Law, means using lectures as the principal teaching method to assist students in achieving the knowledge base. Workshops focus primarily on the in-depth consideration of questions, including problem-solving. Workshops are an important part of student learning which provide opportunities to demonstrate understanding, knowledge, and application. The communication skills developed in lectures and workshops, by regularly and actively participating in discussions, are highly regarded by employers and professional bodies.
MODULE TEXTS
Jonathan Hill, ShuŽilleabhaŽin MaŽire NiŽ, and C. M. V. Clarkson, Clarkson & Hill's Conflict of Laws (Oxford: Oxford University Press, 2016).
MODULE RESOURCES
Other text books in this area;
Cheshire, North and Fawcetts, Private International Law. ( Oxford University Press 2017)
Briggs, Private International Law in the English courts ( Oxford 2014)
Hartley, Trevor. International Commercial Litigation: Text, Cases and Materials on Private International Law.(Cambridge University Press 2020).
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