Conflict of Laws Within the UK

Kirsty Hood is an Advocate at the Scottish Bar, in general civil practice (including personal injury, commercial, property and succession law) with a particular interest in private international law issues. She has a PhD (University of Glasgow); thesis entitled The effect of constitutional relations between Scotland and England on the conflict of laws relations: a Scottish perspective.

Introduction ; 1. Roots and context of the conflict of laws within the UK ; Introduction ; Necessary conditions for the development of the conflict of laws ; Barriers to the development of conflict of laws rules ; Failure of seventeenth century political changes to remove the underlying need for conflict rules ; Early development of conflict rules within the British Isles ; Conclusion ; 2. The constitutionalization of conflicts within the UK ; The constitutionalization of conflicts ; The constitutionalization of conflicts prior to the devolution settlements ; The constitutionalization of conflicts and the devolution settlements ; Undesirability of further constitutionalization of conflicts ; Conclusion ; 3. The internalization of conflicts within the UK ; The internalization of conflicts ; UK common market law ; Recognition and enforcement ; Internalization of conflicts and judge-made law ; Conclusion ; 4. The application of conflict rules within the UK ; Introduction ; Similarity of conflict rules within the UK ; Procedural matters ; Status ; The laws of property and succession ; Tort and delict ; Intra-national forum shopping in the UK ; The effect of the new constitutional arrangements on intra-national conflicts in the UK ; Conclusion ; 5. The impact of European Union legislation on intra-UK conflict rules ; Introduction ; Jurisdiction ; Choice of law ; Recognition and enforcement ; Europeanization: the beginning of the end for conflict of laws? ; 6. Public policy in intra-UK conflict of laws ; The different facets of public policy ; Underlying public policy and internal public policy in the UK ; The application of external public policy within the UK at common law ; The availability of external public policy objections under statute within the UK ; Constitutionalization and external public policy ; Community public policy ; Human rights ; Conclusion ; 7. Conclusion ; Development of conflict rules in the UK ; Dealing with intra-national conflicts ; Scope of traditional conflict rules in intra-national disputes in the UK ; Public policy ; The impact of European Union membership