Bloomsbury Publishing has published Landmark Cases in Private International Law edited by Louise Merrett of Fountain Court Chambers and William Day of 3 Verulam Buildings.
The book contains an in-depth analysis of 22 landmark cases in private international law, from Penn v Lord Baltimore in 1750 to Brownlie v FS Cairo (Nile Plaza) LLC in 2021. The book follows a conference held at Downing College Cambridge in April 2022. The landmark cases address significant issues in civil jurisdiction, governing law, foreign judgments and public policy.
Louise Merrett edited the collection and contributed the chapter on Abouloff v Oppenheimer from 1882. This chapter addresses the fraud defence to the enforcement of a foreign judgment at common law and the criticisms of the Abouloff principle. It also examines the competing public policy rules of ‘fraud unravelling all’ on the one hand and finality in litigation on the other, and the implications of the 2019 Supreme Court decision in the domestic context in Takhar v Gracefield Developments Ltd  UKSC 13.
Ian Bergson co-wrote the chapter on Godard v Gray and Schibsby v Westenholz from 1870 (with Joshua Folkard of Twenty Essex). This addresses the ‘obligation theory’ that is widely considered to have originated from these cases, and the extent to which it explains the present common law on the recognition and enforcement of foreign judgments.
More information on the collection can be found here.
A joint launch event hosted by Fountain Court Chambers and 3 Verulam Buildings will take place on 5 July 2023. Please contact us should you wish to receive an invitation.