Module description
ONLY AVAILABLE TO LAW STUDENTS
Students must already have studied 4FFLK902 Elements of the Law of Contract, 6FFLK001 Law of Tort and 6FFLK003 Law of Trusts.
The course aims to provide a general grounding in private international law as applied in international civil and commercial litigation, focusing primarily on jurisdiction, recognition and enforcement and choice of law.
The course will concentrate on contractual and noncontractual obligations but will also provide an introduction to the cross-border aspects of selected other areas of private and commercial law, including property and company law. The module will combine English and EU law, and will also cover the relevant international instruments relevant for this area of the law.
The course is taught through 2-hour weekly interactive seminars where students are expected to adopt an active role during the session and will act as experts on two topics during the course. The sessions are generally taught in tandem by both module leaders Dr Manuel Penades Fons and Alexander Layton QC.
Assessment details
Examination (100 %)
Educational aims & objectives
Private international law is that part of the legal system which determines how foreign elements are treated in private law relations. Which country’s law applies? Where can you sue and be sued? How are foreign judgments and arbitral awards recognised and enforced in England, and English ones elsewhere? The regulation of these areas is found in English domestic law, as well as in international conventions and European law, although the effect that Brexit will have is still uncertain.
The purpose of the course is: to consider the private international law rules which apply in this field across a range of legal areas, with particular emphasis on the civil and commercial aspects; to develop an understanding of the methodology of the subject; to continue to develop students' analytical and critical capacities; to encourage students to think creatively in those areas of the subject where the law is undeveloped.
Concrete practical problems are addressed throughout the course (hence the emphasis in the examination on the resolution of problems).
Teaching pattern
Seminar (1 x 2 hours per week)
Suggested reading list