Synopses & Reviews
Synopsis
Foreign Currency and the Law offers all the information and advice needed by any practitioner in advancing, or defending against, any elements of a claim for debt, damages for breach of contract, or in tort, involving a foreign currency. This book also covers related matters, such as shares in funds and insolvency. Throughout, distinct topics, such as a claim for a debt, or a claim for damages for breach of contract, is highlighted, and the reader is taken through the governing principles and procedures for making or defending against such a claim, including explaining the factors relating to a recovery or payment of interest. The decisions reached and the features of the leading cases which have a current law element are discussed. The book also highlights aspects of decisions about which there may be conflicting academic views.
Synopsis
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