Practical Guide to Conflict of Laws Issues in Property Disputes

This book is a practical guide and route map for legal practitioners dealing with a property dispute where the foreign element is the land or real estate (i.e. the immovable property) located abroad (outside of England, Wales, Scotland and Northern Ireland). The book sets out the key conflicts of laws rules and principles underpinning the issue of jurisdiction and applicable law in the context of cases involving foreign immovable property particularly contracts involving foreign immovable property.

The practical guide takes the legal practitioner through the journey of a conflict of laws analysis in the aforementioned context one step at a time and provides, at the end of each chapter, key practical and tactical tips to employ in practice. This practical guide will assist the legal practitioner to ascertain an appropriate strategy and next steps in such litigation.

This book sets out the legal position as it relates to proceedings begun, and any contracts entered into, following Brexit after the end of the transition period for the UK leaving the EU on or after 1 January 2021.

ABOUT THE AUTHOR

Raghav Trivedi is a barrister at St Philips Chambers in Birmingham, specialising in commercial and chancery law. He holds a particular specialism in property law, insolvency law and wills, trusts and probate matters and cross-border issues in these areas.

CONTENTS

Chapter One - Introduction

Chapter Two - The Introduction to and the General Meaning of Jurisdiction

Chapter Three - The General Rule of Jurisdiction in Relation to Foreign Immovable Property Disputes

Chapter Four - The Exceptions to the General Rule of Jurisdiction in Relation to Foreign Immovable Property Disputes

Chapter Five - The Further Requirements of Jurisdiction: Service and Challenge

Chapter Six - Applicable Law: Contracts Related to Foreign Immovable Property

Chapter Seven - Applicable Law: Transfers of Foreign Immovable Property Rights

Chapter Eight - Pleading and Proving Foreign Law

Chapter Nine - Concluding Summary