Private International Law in English Courts (second edition)

This book, a monumental work of scholarship, is one of a number of books in the Oxford University Press Private International Law series.

The first edition came out in 2014 and the second edition this year, stating the law as at 22 September 2022. The notable feature of the second is that it addresses the impact of Brexit on England’s approach to private international law. The impact is very significant.

The book starts with a memorable quote from poet John Donne: ‘No man is an island, entire of itself.’ Indeed, ‘every man is a piece of the continent, a part of the main’ is, according to Professor Briggs, a ‘rather beautiful justification’ of private international law. Private International Law could perhaps equally be styled as ‘Back to the Future’, given that in many places it focuses on the revival of pre-EU principles of English private international law following the UK’s exit from the EU.

The book is aimed at students, teachers and specialist legal practitioners but, with its elegant literary style, deserves to be of interest to those with a more general interest in private international law.

It is divided into 12 main chapters covering all aspects of English civil (as opposed to criminal) law, both procedural and substantive. The chapters are in nearly all cases sub-divided into an introductory section by way of background and a detailed section on the law itself, as they both apply to the subject matter of each chapter. Examples of the topics covered include ‘Contractual Obligations’ and ‘Non-contractual Obligations’, as well as ‘Jurisdiction’ and ‘Foreign Judgments’, but there is plenty more besides.

It traces the history of the English common law development of private international law, the immersion of EU law principles within it during the period of the UK’s EU membership (1973-2020) and the extent to which EU law principles have been ‘retained’ within English law following Brexit. The interrelationship between retained EU law and the rest of English law, within the context of private international law, is tricky to say the least. It is also somewhat porous, given  that the UK has, for instance, (albeit somewhat reluctantly) left the Lugano Convention following Brexit and that nothing comprehensive has yet replaced it.

Given the detail into which each chapter delves, it is invidious to single out any particular section for special praise. But bearing in mind that the book is the work of a single author, Professor Briggs, rather than a compendium of works of different authors, the book has an integrated feel, which should be of help to the reader. The well laid-out lists of Contents, Cases and Legislation, as well as the detailed Footnotes and Index, should also come in useful.

This second edition must not be the end of the story. Even in the relatively short period since publication, developments in English private international law have continued apace and, with the Retained EU Law (Revocation and Reform) Act, are likely to continue to do so.

David Glass is a consultant solicitor at Excello Law