Foreign Currency - Michael Howard, John Knott, John Kimbell

Foreign Currency

Claims, Judgments and Damages
Buch | Softcover
392 Seiten
2021
Informa Law (Verlag)
978-1-032-17946-9 (ISBN)
309,95 inkl. MwSt
This book provides practitioners with all the information and advice they need in advancing, or defending against, any elements of a claim for debt or damages for breach of contract or in tort that involve a foreign currency.
Currency fluctuation, currency wars and even potential currency collapse (the Euro, the Bitcoin) are all risks that commercial parties must consider and guard against.



This book gathers together in one volume all the information and advice practitioners are likely to need when advising on, advancing or defending claims involving a foreign currency element.



The determination of the proper currency (or currencies) of a claim often has a dramatic effect on the level of a court judgment or arbitration award that is ultimately obtained. It is, therefore, vital for practitioners to accurately assess claims which involve a foreign currency element.



The authors guide the reader through the legal principles governing how foreign currency claims are treated in English law. The book covers both the treatment of foreign currency in substantive law as well as such procedural matters as how to claim interest correctly on a foreign currency claim and how to plead, prove or disprove the applicability of a particular currency.



This book is an invaluable and essential resource for all lawyers involved in international commerce, but will be of particular interest to those engaged in international finance, commodity transactions, international shipping and transport, and the insurance of assets and liabilities abroad.



"Those who practise in this country need guidance in navigating the tricky waters that The Despina R unleashed. This excellent book provides that guidance."



The authors "have been uniquely well placed to meet the challenge of analysing what is a perplexing body of jurisprudence, and to suggest principled answers to currency issues that have not yet been the subject of judicial decision. They consider not merely claims in contract and tort, but every type of claim that might raise an issue in relation to a foreign currency."

The Rt Hon. The Lord Phillips of Worth Matravers, KG, PC,



President of the Supreme Court of the United Kingdom, 2009-2012

Michael Howard QC is a barrister at Quadrant Chambers in London, where he acts in relation to international commercial disputes and specialises in all aspects of maritime law. He is an arbitrator and the Leader of the English Admiralty Bar. He is also a Visiting Professor of Law at Tulane University, Louisiana; and he has given expert evidence on English law before a number of foreign courts. John Knott is a consultant at the London head office of international law firm Holman Fenwick Willan, having previously headed up their Admiralty Claims department. He has authored numerous articles dealing with foreign currency claims; and he is a contributor to the Damages title of Halsbury's Laws of England. John A. Kimbell QC is a barrister at Quadrant Chambers in London and a solicitor (Rechtsanwalt) in Hamburg. His practice encompasses maritime law, aviation, insurance and re-insurance in addition to general commercial litigation and arbitration. He acts as a commercial arbitrator in London and Hamburg.

Foreword, The Rt Hon The Lord Phillips of Worth Matravers



Chapter 1: Introduction



Chapter 2: Basic Concepts



Chapter 3: Sterling: its Historical Role, and the Decline that Led to a Change in the Law



Chapter 4: The Euro Zone



Chapter 5: The Change in English Law Introduced by Miliangos and its Forebears



Chapter 6: Contract



Chapter 7: Tort



Chapter 8: Restitution and Unjust Enrichment



Chapter 9: The Law of Trusts and Fiduciaries



Chapter 10: Claims Against Limited or Common Funds



Chapter 11: Set-off



Chapter 12: Interest



Chapter 13: Are currency exchange losses recoverable as damages?



Chapter 14: Procedure and Evidence



Chapter 15: Fiat Money, Legal Tender and Alternative Money

Erscheinungsdatum
Reihe/Serie Lloyd's Commercial Law Library
Sprache englisch
Maße 174 x 246 mm
Gewicht 725 g
Themenwelt Recht / Steuern Allgemeines / Lexika
Recht / Steuern EU / Internationales Recht
Recht / Steuern Wirtschaftsrecht Bank- und Kapitalmarktrecht
Recht / Steuern Wirtschaftsrecht Handelsrecht
ISBN-10 1-032-17946-5 / 1032179465
ISBN-13 978-1-032-17946-9 / 9781032179469
Zustand Neuware
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