Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - NORTON ROSE ON CIVIL JURISDICTION AND JUDGMENTS
NORTON ROSE ON CIVIL JURISDICTION AND JUDGMENTS. Adrian Briggs, Fellow of St Edmund Hall, Oxford. Edited by Peter Rees. Lloyd’s of London Press, London (1993) xxxiv and 303 pp., plus 33 pp. Appendices and 11 pp. Index. Hardback £62.
The aim of this book is to give an account in “manageable compass” of the English law of jurisdiction and the recognition of foreign judgments with particular reference to commercial law matters. The treatment has the needs of the busy practitioner in mind, though all will benefit from the achievement of the aim of author and editor, as stated in the Preface, “to reduce the newly combined rules [i.e., the common law rules and those of the Brussels and Lugano Conventions] to as comprehensible a form as possible whilst taking the opportunity to scatter ideas and suggestions throughout, in the hope of provoking readers into further lines of enquiry”. Rather modestly, the author and editor encourage us to seek “greater and more venerable detail on individual points” in “heavier works” with which their account “does not presume to compete”. Comparison of this work with some (but by no means all) of the other contributions in this field suggests that the weight of a book in kilograms is not the best indicator of its value to the user and that this book will compete with some of the larger (and less readable) tomes in the field.
The provenance of the book is interesting, not least because it may account for part of its appeal. The Foreword indicates that Norton Rose was asked by the publishers to “write” it. Very wisely, Norton Rose engaged the services of Adrian Briggs, of Oxford University and the Bar, as author. Mr Briggs’ influential articles in the periodical literature on the subjects of both jurisdiction and the recognition and enforcement of foreign judgments are well known and of a quality that would virtually guarantee a successful book. The role of Peter Rees is described as that of “editor”. While no further elaboration of this role is given, one may surmise that his contribution and, no doubt, the input of his colleagues at Norton Rose, were able to increase the practical value of the book by focusing the discussion in a practical context of contemporary issues which are, or are likely to be, encountered.
The scope of this book is substantial. After an introductory chapter, it examines jurisdiction under the current version of the Brussels Convention of 1968 (and under earlier versions of that Convention where relevant). Chapter 3 draws on the differences between the latter Convention and the Lugano Convention which extends the Brussels regime to EFTA countries. Common law principles of jurisdiction are dealt with in Chapter 4, while procedural matters and interim relief form the subject matter of Chapters 5 and 6. Recognition and enforcement of foreign judgments under the Brussels Convention, the Lugano Convention, the common law, the Administration of Justice Act 1920 and the Foreign Judgments (Reciprocal Enforcement) Act 1933 are discussed in Chapter 7. Two, relatively short, concluding chapters deal, in outline, with admiralty jurisdiction and civil aviation jurisdiction respectively.
The discussion of jurisdiction under the Brussels and Lugano Conventions is excellent. One may single out the passages dealing with jurisdiction clauses (Art. 17 of each Convention) and the extensive commentary on Art. 5(1) and (3) of each Convention as being par-
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