Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - CHESHIRE & NORTH’S PRIVATE INTERNATIONAL LAW (11TH EDITION)
CHESHIRE & NORTH’S PRIVATE INTERNATIONAL LAW (11th Edition) by P.M. North, M.A., D.C.L., Principal of Jesus College, Oxford, Honorary Fellow of Keble College, Oxford, Associé de l’Institut de Droit International, and J.J. Fawcett, LL.B., Ph.D., Solicitor, Lecturer in Law, University of Bristol. Butterworths, London (1987, xc viii and 922 pp., plus 18 pp. Index). Hardback £38; paperback £25.95.
When the first edition of this book appeared in 1935 from the pen of Professor Cheshire, the gaping need for a modern textbook on Private International Law for the use of students of the subject had been met. Practitioners could look to the bulky fifth edition of Dicey’s Conflict of Laws, which combined black letter rules with an exhaustive presentation of case law. Dicey was recast in 1949 by a team under the guidance of J.H.C. Morris, but Cheshire’s work retained its original idiosyncratic approach until P.M. North joined the author in 1970 and assumed sole responsibility in 1979. The latest edition adds the name of Professor Fawcett, and together the authors have given the book a new profile. In form, a rearrangement of chapters has placed the discussion of enforcement of foreign judgments next to that of jurisdiction. In substance, the recent judicial practices and developments in the assumption of jurisdiction, staying of actions at home and restraining proceedings abroad, the spate of legislation in matters of Family Law and Bankruptcy and the conclusion of a Hague Convention on Choice of Law in Matters of Trusts have led to a far-reaching revision of the text and to noteworthy additions. At the same time the desire to provide information which is as complete as possible and the increasing attention to the practice in the Commonwealth have transformed the book into a rival of Dicey & Morris. From a textbook it has changed into a handbook. Nevertheless, it still displays an original approach and a personal touch. Thus, it is refreshing to find (p. 234; but cf. 239, 247) after a discussion of the discretion in exercising jurisdiction in general, under R.S.C. Ord. 11, and in staying actions at home or in restraining actions abroad, a plea for a return to something akin to the old practice of assuming jurisdiction subject to forum non conveniens slightly more flexible than the rule in St. Pierre v. South American Stores [1936] 1 K.B. 382. Contrary to the authors (p. 427) and despite its tentative
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