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Spiliada Maritime Corp v Cansulex Ltd (The Spiliada) (1987)

Abstract:
There is no doubt that Spiliada Maritime Corporation v Cansulex Ltd is a landmark case in the conflict of laws. It is perhaps most accurate to describe it as the last of a series of landmark cases which significantly changed English law in so far as it relates to the circumstances in which the English courts will decline to exercise their jurisdiction when there is another available forum. This essay examines the development of the principles still applied today, with particular focus on Spiliada itself, before a brief assessment of whether, in practice, it has turned out to be, as some have said, a ‘treasure-house’. In assessing the state of the law prior to the decision of the House of Lords in The Atlantic Star, Lord Wilberforce opined...
Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.5040/9781509952670.ch-011

Authors

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Oxford college:
Keble College
Role:
Author

Contributors

Role:
Editor
Role:
Editor


Publisher:
Hart Publishing
Host title:
Landmark Cases in Private International Law
Pages:
253-272
Chapter number:
11
Series:
Landmark Cases
Place of publication:
London
Publication date:
2023-04-24
Edition:
1st
DOI:
EISBN:
9781509952670
ISBN:
9781509952649


Language:
English
Subtype:
Chapter
Pubs id:
1323230
Local pid:
pubs:1323230
Deposit date:
2023-02-17
ARK identifier:

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