Gerry Maher and Barry J Rodger, CIVIL JURISDICTION IN THE SCOTTISH COURTS Edinburgh: W Green (www.wgreen.co.uk), 2010. liv +418 pp. ISBN 9780414013681. £140.
| Published date | 01 January 2012 |
| Author | Kirsty J Hood |
| Pages | 134-135 |
| Date | 01 January 2012 |
| DOI | 10.3366/elr.2012.0093 |
One would expect a comprehensive, practical, work on jurisdiction to be ever-present on the litigator's library shelf. After all, it is a truism that, whether ultimately it proves to be a tricky issue in a case, or whether uncontroversial, jurisdiction must always be considered by the litigator prior to raising an action. However, even to leaf through the pages of Duncan and Dykes on
The authors have adopted a logical framework which allows proper discussion of their subject, yet have managed to combine this with an emphasis on the practical application of its rules. The structure of the work is such that a practitioner new to the topic, reading the volume as a whole, will gain a clear impression of the rationale for, and the operation of, the jurisdictional rules – whilst those dipping into the work for guidance on a particular puzzle, can easily identify to which section of the work they must turn. The volume opens with chapters on, respectively, basic concepts, and the sources and structure of the law of jurisdiction. In the latter chapter, it is made plain that centre-stage in the work will necessarily be the jurisdictional rules which we might associate with the Civil Jurisdiction and Judgments Act 1982, i.e., the Brussels I Regulation (replacing the Brussels Convention which was reproduced in Schedule 1 of the 1982 Act), the new Lugano Convention (which is similar, but not identical, to the Brussels I Regulation), the Schedule 4 rules on allocating jurisdiction between component parts of the UK, and the rules as to jurisdiction in Scotland which are contained in Schedule 8. The desire to approach the topic from the viewpoint of the practitioner leads the authors to use Schedule 8...
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