Legal issues

  Order Description   QUESTION 1. (4 PAGES; CITE RELEVANT CASE LAWS) Louis is a national of and domiciled resident in France. He enters into a contract with Tom, an American citizen who is domiciled and resident in New York. The contract is made and to be performed in New York. A dispute arises and Tom refuses to perform his contractual obligations. Louis brings an action for breach of contract against Tom in a French court and is successful in obtaining an award of damages. Tom has no assets in France but has substantial assets in England. Louis wishes to enforce the French judgment in England. Tom wishes to oppose enforcement on the following grounds: i. Louis has obtained the French judgment fraudulently; ii. The French proceedings are contrary to English public policy; iii. The principles of natural justice have been contravened in the French proceedings. a) Advise Tom as to the relevant provisions, if any, of the Brussels Recast Regulation on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters and any relevant case law in the Brussels regime. b) Imagine this case took place before the UK became an EU Member State, and the judges in England applied the common law to decide this case. What would have been the position at common law with regard to the three defences mentioned in part (a)? Cite relevant case law.   QUESTION 2 (9 PAGES) The common law and the Brussels I Regulation allow parties to select the jurisdiction in which their dispute would be heard. Discuss the commercial significance of the freedom for parties and critically assess the legal regime that govern the use of jurisdiction agreements as a basis of jurisdiction under the common law and the Brussels I Regulation (Recast).