University of Cambridge, Faculty of Law

Conflict of Laws (Tripos)

Syllabus
  1. Introduction: the structure of the Conflict of Laws.
  2. Jurisdiction of the English courts under the European Regulation on jurisdiction and enforcement of judgments and at common law. The staying of actions.
  3. Anti suit injunctions.
  4. Recognition and enforcement of foreign judgments at common law and under the European Regulation.
  5. Obligations:
    1. Contractual
    2. Non-contractual
  6. Property:
    1. Immovables.
    2. Movables - tangible and intangible property.
  7. Characterisation, renvoi, proof of foreign law and public policy. These will be treated as pervasive topics throughout the syllabus.

Regard will be had to leading American and Commonwealth authorities, where appropriate. These will be used to illustrate different theories of the conflict of laws as well as comparative solutions to the problems raised by the subject.

Questions will not be set on the law relating to restitution, negotiable instruments, bankruptcy, insolvency, administration of estates, succession, marriage, recognition of foreign divorces and children.