Howard / Knott / Kimbell Foreign Currency

Claims, Judgments and Damages
1. Auflage 2016
ISBN: 978-1-317-65928-0
Verlag: CRC Press
Format: EPUB
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch, 392 Seiten

Reihe: Lloyd's Commercial Law Library

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.

Autoren/Hrsg.

Howard, Michael

Knott, John

Kimbell, John

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein

Inhaltsverzeichnis

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

Über Autor(innen)

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.

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.