Abstract
Lawyers often consider legal issues in isolation, without regard to their connection with other areas of law. Civil procedure is no exception. Pre-Action Protocols required by the English Civil Procedure Rules are deficient in that they interface poorly with the European rules on jurisdiction by unnecessarily exposing a party wishing to engage the jurisdiction of the English court to potentially abusive actions on the part of a defendant who wishes to frustrate this intention. This calls into question the future of England as a jurisdiction for major international commercial litigation. However, this situation can be readily remedied by the introduction of a new form of starting process.
Original language | English |
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Pages (from-to) | 275-292 |
Number of pages | 17 |
Journal | Lloyd's Maritime and Commercial Law Quarterly |
Volume | 2 |
Publication status | Published - 2011 |
Keywords
- civil procedure, conflict of laws, European Union law