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Schibsby v Westenholz and the recognition and enforcement of judgments in England

Abstract:
Challenges claims that the 1870 ruling in Schibsby v Westenholz (QB) is a great decision regarding recognition and enforcement of foreign judgments in England. Reviews the facts of Schibsby and its long-term influence on establishing a closed approach to the authority of foreign courts. Critically examines the court's reasoning, suggests how the approach it introduced is flawed, and proposes an alternative policy drawn from earlier case law.
Publication status:
Published
Peer review status:
Peer reviewed

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Oxford college:
St Catherine's College
Role:
Author


Publisher:
Sweet and Maxwell
Journal:
Law Quarterly Review More from this journal
Volume:
134
Issue:
July
Pages:
426-449
Publication date:
2018-07-09
Acceptance date:
2017-10-09
ISSN:
0023-933X


Keywords:
Pubs id:
pubs:734764
UUID:
uuid:9d7ccc9c-acd1-4164-bcd5-a95a94799464
Local pid:
pubs:734764
Source identifiers:
734764
Deposit date:
2017-10-09

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