Autoimmune Lymphoproliferative Syndrome (ALPS) Case Study

Autoimmune Lymphoproliferative Syndrome (ALPS) Case Study ABSTRACT Consanguinity in marriages can lead to many genetic abnormalities in the offsprings. The children are affected in varying degrees of severity. Autoimmune lymphoproliferative syndrome is an example of a genetic abnormality wherein there is an absence of apoptosis of lymphoproliferative cells, hence leading to enlargement of lymph nodes and spleen and associated autoimmune abnormalities. Autoimmune lymphoproliferative syndrome arises early in childhood in people who inherit mutations in genes that mediate lymphocyte apoptosis, or programed cell death. In the immune system, antigen-induced lymphocyte apoptosis maintains immune homeostasis by limiting lymphocyte accumulation and minimizing reactions against self-antigens. In autoimmune lymphoproliferative syndrome, defective lymphocyte apoptosis manifests as chronic, nonmalignant adenopathy and splenomegaly; the expansion of an unusual population of CD4CD8T cells; and the development of autoimmune disease. Most cases of autoimmune lympho proliferative syndrome involve heterozygous mutations in the lymphocyte surface protein Fas (CD95, Apo1) that impair a major apoptotic pathway. Here, we report a case of a 10 year old child with recurrent multiple swellings in the head and neck region. Keywords Autoimmune lymphoproliferative syndrome, apoptosis, generalized lymphadenopathy INTRODUCTION Lymphadenopathy in children with no known infectious or malignant cause constitutes a challenging diagnostic dilemma. A recently described entity that deà ¯Ã‚ ¬Ã‚ nes some children with previously unexplained lymphadenopathy is the autoimmune lymphoproliferative syndrome (ALPS). The clinical antecedents to ALPS entail various syndromes of familial chronic nonmalignant lymphadenopathy and splenomegaly, including pseudomononucleosis, pseudolymphoma, and the Canale-Smith syndrome.1 Autoimmune Lymphoproliferative Syndrome (ALPS) is a rare inherited disorder of disrupted lymphocyte homeostasis characterized by chronic splenomegaly and lymphadenopathy of early onset, hypergammaglobulinemia (Ig G and Ig A), autoimmune phenomena, and expanded populations of T cells, called double negative T-cells (DN) T cells.2 Impaired Fas-induced apoptosis of lymphocytes in vitro is a principal feature of the autoimmune lymphoproliferative syndrome (ALPS). It is a disorder characterized by generalized, nonmalignant lymphadenopathy,hypergammaglobulinemia, lymphocytosis, splenomegaly, and autoimmune phenomena. A distinct feature of ALPS and an early clue to its nature, is the occurrence of markedly increased numbers and percentage of T cell receptor (TCR)-ab CD42 CD82, double negative (DN) T cells in the circulation and lymphoid tissues. 3 We report the case of a patient who had come to our department with multiple swellings in the head and neck region. CASE REPORT A 10 year old male patient had come to the Department of Oral medicine and Radiology with the chief complaint of pain in the lower right back region of the jaw since a day. The patient had pain and swelling in the lower right back teeth region since a day which was moderate to severe, intermittent, aggravates on having food and relieves on its own. His past medical history revealed bilateral neck region swellings at the age of 1 and a half yrs for which he was treated with oral medications. History of developing a swelling in the axilla following BCG vaccination and was diagnosed as BCG adenitis and was treated for the same. At the age of 6 yrs he developed bilateral neck swellings for which he was referred to a pediatrician in 2009. Hematology report revealed normochromic normocytic anemia with neutrophilic lymphocytosis, FNAC of the cervical lymph node suggested necrotizing granulomatous lymphadenitis and was treated with oral antibiotics. At seven and a half yrs of age patient developed bilateral cervical lymphadenitis with abscess formation which lasted for 8 to 10 months which healed with scarring. Patient gives a history of a severe form of chicken pox , scars have remained all over the body. ESR was elevated at 110. Ultrasound of abdomen revealed mildly enlarged inguinal lymph nodes with mild hepatomegaly. The patient’s axillary and inguinal lymph nodes biopsy specimen was given for histopathology and immunohistochemistry analysis. A report of reactive lymphadenitis was obtained. Skin biopsy of rashes on lower limbs revealed lymphocyte perivasculitis. Patient also gave a history of joint pain of his lower limbs. His HIV status was negative and his random blood sugar was within normal limits.Ultrasound of abdomen and neck done recently revealed multiple mesenteric and non necrotic cervical lymphadenopathy. On general physical examination, patient appeared malnourished, lethargic with protruded abdomen and generalized healed scars of chicken pox were also observed(Fig. 1 and 2) and scar in left inguinal region.On extraoral examination there was a well defined swelling on face on the right side extending superiorly from the mid third of the face, inferiorly to the submandibular region, mesially from the corner of the mouth and distally below the ear lobule (Fig.3). On palpation, swelling was soft to firm in consistency, tender on palpation with rise in surface temperature. On inspection of the neck, there was a diffuse swelling of the submental and submandibular lymph nodes , raising the ear lobules. On the left side of the neck lymph enlarged node seen one below the ear lobule and another on the lateral aspect of neck, associated with scar of previous biopsy (Fig. 4). On palpation, bilaterally submandibular and submental lymph nodes were palpable measuring approximately 3x3cm , firm to hard in consistency, fixed, tender on palpation and all cervical lymph nodes were palpable and tender, variable in size. On intraoral examination, on inspection there was vestibular erythema and obliteration with swelling in relation to 55 on the buccal vestibule and on palpation swelling was firm in consistency, with vestibular tenderness was elicited. On hard tissue examination, presence of mixed dentition and deep dental caries with tenderness on percussion positive with 55. The diagnosis of acute exacerbation of chronic periapical abscess with 55 with buccal and submandibular space infection was considered. With the history of consanguineous marriage of his parents, his younger sibling having similar and milder symptoms with BCG adenitis, generalized unexplained lymphadenopathy, severe form of chickenpox, joint pain of lower limbs and vasculitis of skin lesions and based on the histopathology and immunohistochemistry reports of the lymph nodes a diagnosis of autoimmune lymphoproliferative disease was given. The treatment given to the patient was syrup naprosyn 125mg for 5 months 6ml b.d. The treatment planned for him was Fas mutation for confirmation Tab Wysolone (1mg/kg/day) with inj Methotrexate (15mg/m2 ) as a steroid sparing agent Tab Shelcal/calcitriol sachet  ½ sachet /month (50 mg/kg/day). The patient after 1 month follow up post treatment, there is no reduction in the size of lymph nodes. His blood reports revealed marked increase in the level of immunoglobulins. Presently the patient complains of inguinal pain and swelling since 6 months , which has not regressed even after treatment and he is unable to walk due to the pain. But the patient, on consequent follow up visits, General appearance of the patient has improved. (Fig. 5,). He showed decrease in the size of the lymph nodes except for residual scars of the fibrosed lymph nodes in the right lateral cervical regions. (Fig.6, 7, 8) DISCUSSION The autoimmune lymphoproliferative syndrome (ALPS) is a rare disease. ALPS is a rare inherited condition that affects both sexes. ALPS generally does not lead to death and most individuals with ALPS are able to live normal lives. ALPS is a disorder associated with abnormal lymphocyte apoptosis, lymphoproliferation, and autoimmunity. Lympho proliferation in ALPS patients is generally benign, but they are at increased risk for the development of Hodgkin’s and non-Hodgkin’s lymphoma. It is characterized by massive lympho adenopathy, splenomegaly, autoimmunity including episodes of immune hemolytic anemia, thrombocytopenia,and neutropenia. ALPS patients have lymphocytosis and a number of lymphocyte abnormalities, including the marked expansion of T lymphocytes that express alpha/beta T-cell receptors, but neither CD4 nor CD8 surface markers (TCR alpha/beta+; CD4–; CD8– cells).4 ALPS  is subdivided into: 1) Type Ia,  ALPS  with mutant  Fas; 2) Type Ib,  lymphadenopathy  and mutation in the ligand for  Fas  in one patient with  systemic lupus erythematosus; 3) Type II,  ALPS  with mutant caspase 10; and 4) Type III,  ALPS  as yet without any defined genetic cause. 5 In type 0 disease, homozygous Fasmutations usually cause a complete deficiency of the Fas protein and a severe form of the disease.In ALPS type I, heterozygousFasmutations (ALPS type Ia)or, more rarely, heterozygous mutations in the gene for Fas ligand (ALPS type Ib)are usually associated with a partial defect in apoptosis mediated by Fas and its ligand. ALPS type II, which is characterized by resistance to Fas-mediated apoptosis despite the presence of normal Fas ligand and Fas, with caspase 10 mutations. In ALPS type III, Fas-mediated apoptosis is also normal,and the genetic defect is unclear. Patients with ALPS type III may not have all four classic features of the syndrome — lymphoproliferation, excessive numbers of double-negative T cells, hypergammaglobulinemia, and autoimmune manifestations. Many cases of ALPS type III are sporadic, precluding the use of a genetic approach to identify the molecular defect 6 A study done by Michael Sneller et al 7 to study the lymphocyte apoptosis, revealed that ALPS was identified in 9 unrelated individuals with moderate to massive spleenomegaly, lymphadenopathy, hypergammaglobulinemia and autoimmunity, B cell lymphocytosis and an increase in the population of D4/CD8 T cells. All these findings coorelated to our case in which there were similar findings. Somatic heterozygous mutations of Fas can cause a sporadic form of ALPS by allowing lymphoid precursors to resist the normal process of cell death. as (also called apo-1 and cd95) is a cell-surface receptor belonging to the tumor necrosis factor receptor (TNFR) superfamily (Fas is the sixth member, TNFRSF6). Fas initiates a cascade of events within the cell that culminates in the death of the cell (apoptosis). This process involves the formation of the death-inducing signaling complex, consisting mainly of the Fas associated death domain and the caspase 8 and caspase 10 proteins. The constellation of lymphadenopathy, splenomegaly, and autoimmune cytopenia, however, was described by Canale and Smith in 1967, Weisdorf and Krivit and others noted that similar patients had decreased proportions or function of lymphocyte subsets.8 This heterozygous dominant mutations of Fas were found in children with the autoimmune lymphoproliferative syndrome (ALPS),which is also known as the Canaleâ₠¬â€œSmith syndrome. 4 ALPS manifestations usually appear in the first 5 years of life (median onset at 3.5 years). The most frequent presentation of ALPS is a benign lymphoproliferation limited to lymphoid organs.9 Enlargement of spleen and lymph nodes is the most prominent feature of the lymphoproliferation in nearly all ALPS patients. Autoimmunity is the second most salient feature of ALPS. Autoimmune cytopenias account for more than 80% of the autoimmune manifestations and are, essentially, autoimmune hemolytic anemia, thrombocytopenia and, sometimes, neutropenia.9 Fas and FasL are members of two superfamilies of complementary receptors and ligands that are important in immune regulation. These membrane-spanning receptors have 20%-25% amino acid identity and contain variable numbers of extra- cellular cysteine-rich domains (CRDs) regions approximately 40 amino acids in length with six cysteine residues in conserved positions. There are four CRDs in the p55 TNFR and three in the Fas protein. These two receptors share a 70 amino acid intracellular death domain that transduces signals for cell death.10 CONCLUSION The diagnosis and management of autoimmune lymphoproliferative syndrome (ALPS) remains a challenge to the oral diagnostician. Knowledge of immunological aspects of oral diseases is a new frontier for any oral healthcare professional. These patients require prompt treatment and long term follow-up, by multiple specialists that are familiar with ALPS. It is imperative that all cases with oral manifestations are reported. The diagnosis of Autoimmune lymphoproliferative disorder should be kept in mind as one of the differential diagnosis in a patient with generalized lymphadenopathy with the history of consanguinous marriage in the family. This case report is one more effort in this direction.

Coleman Hawkins

The 20’s were a turning point in the history of music, which coincides with a turning point in the mindset of African Americans, especially in large cities like New York. The black entertainment industry, up until now, had always been a white mans exhibition of the Negro for white audiences (Cooper). The Harlem renaissance and the idea of the ‘New Negro’ was a precursor for a wave of African American musicians and songwriters who would not be restricted to the same conventions which their predecessors were.Coleman Hawkins learned to play the piano at the age of 5, and two years later he moved on to the cello. At 9 he learned the saxophone and by the time he was twelve he was playing in the Kansas City Theatre Pit Band. Which black musician was most frequently broadcasted throughout the 1920’s?  Coleman Hawkins first inserted himself into the Jazz scene in 1921, at the very beginning of the Jazz age and the roaring 20’s. He played alongside the trav elling blues and vaudeville star, Mamie Smith. After playing this background role for 2 years, he joined Fletcher Henderson’s Orchestra.This would reinvent Coleman Hawkins as a lead soloist and a big star of American jazz, a title that he retained for more than 40 years (Yanow). Hawkins should be included in this course because he was a major part of the swing jazz and big band movement, both in America and Europe, while reinventing the tenor saxophone as a Jazz instrument and an art form. His single, ‘Body and Soul’, was not only outrageously popular, but did so while defying many of the swing conventions of jazz music at the time.He was also one of the pioneers of early bebop and was a huge influence on later musicians such as John Coltrane and sonny Rollins. Fletcher Henderson’s Orchestra was one of the most popular and influential ‘Hot Jazz’ bands of the 20’s, and Coleman Hawkins was a full time member for 11 years and was considere d the centerpiece of the band (Oxford). Their home was the Roseland Ballroom. This dance club would later be known as the best dance club in New York. (Oxford). They also frequented the Savoy Ballroom, the most popular Black and Tan dance club in New York.This club was influential because it was a mixed race club where both blacks and whites came to dance, and racial differences were largely left at the door. â€Å"The Savoy was a building, a geographic place, a ballroom, and the soul of a neighborhood. It personified a community and an era, and became a monument to the music and dance of ‘swing’† (Engelbrecht 3). Fletcher Henderson and his Orchestra were likely the most influential swing group of the 1920’s. One measurement of this is how often Henderson and his band were recorded and broadcasted. Henderson was the most frequently recorded black musician in the first decade of Jazz’s recorded history† (Magee 8). Jeffrey Magee also notes that his highest frequency of recordings took place between 1923-1927. During this time period Coleman Hawkins was a permanent member of Henderson’s Orchestra. â€Å"The Bands instrumental star was definitely Hawkins† (Chilton 26). In the years before and after Louis Armstrong was part of Henderson’s Orchestra, Hawkins was the main soloist. â€Å"Louis influenced the band greatly by making the men swing-conscious with that New Orleans style of his.That same effect that Hawkins had on reeds, that right down-to-earth swing, with punch and bounce† (Fletcher Henderson). Coleman Hawkins had a unique style of improvisation on the tenor saxophone, which was copied by almost all tenors after Hawkins got big in the New York jazz scene. Coleman Hawkins style of playing the Tenor saxophone was his own, and was almost entirely different from anything previously heard on the tenor sax, which, in the early 20’s was still primarily a marching band instrument. Hawkins arrived at his own [Musical] style without apparently being heavily influenced by anyone in particular†(Chilton 18). Hawkins, who is widely known as a modest and unassuming man (Chilton 27), made a statement saying that, â€Å"I guess its true that I introduced a new style, a new way of playing tenor. I had a much heavier tongue, for one thing, than most of the others, and their tone was kind of thin†(Chilton 27). However, Hawkins improvisational style was not a fixed entity. He strived to move away from the bad habit of ‘slap tonging’, and began to experiment with less conventional soloing techniques. Hawkins was beginning to experiment successfully with the use of 9th chords and augmented runs as part of his improvisations, often showing his confidence by including ‘surprising notes’. †(Chilton 34). Hawkins began to put a European emphasis on his improvisations in his emphasis of the weak and strong beats (Williams 8). During the 20â₠¬â„¢s Hawkins was the top tenor saxophonist in New York, and many young sax players copied his smooth and often atonic style. â€Å"Bud Freeman was about the only tenor who didn’t sound like a replica of the hard-toned Hawkins†(Yanow).Although Coleman’s style became outdated by the 50’s with the entrance of revolutionary tenor saxophonist Lester Young (Yanow), his style was still a huge stepping stone in the history of improvisational Jazz. â€Å"Jazz improvisation has travelled a long road of development†¦This evolution [was] instigated by the titans of jazz history of the last 40 odd years: Louis Armstrong, Coleman Hawkins, Lester Young†¦etc†. Hawkins added much of his own creative musical input to his music and to the 1920’s Jazz scene in New York. Adolphe Sax invented the Tenor sax for the purpose of being a military band instrument.As the tenor sax migrated to middle class America it was adopted as a marching band instrument. Coleman Hawkins was the first musician to play jazz on the Tenor sax, and he was certainly not the last (Yanow). â€Å"The prelude to jazz tenor saxophone originates from the Wilbur Sweatman Orchestra. The sound quality is quite primitive†¦there seem to be no tenor sax solos† (Evensmo 11). Sweatman’s orchestra played prearranged music, leaving no room for improvisation, which means that their music cannot be called jazz, and falls into the category of ragtime, which is largely prearranged.Therefore, when Coleman Hawkins joined Fletcher Henderson’s orchestra, the jazz tenor saxophone was created (Evensmo 11). Since that point, there has been a plethora of tenor saxophonist’s in jazz. Many, like Coltrane and Sonny Rollins would become extremely influential jazz musicians of the bebop era. Body and Soul was Coleman Hawkins’ most influential song, and also marked a turning point in Jazz (Moore). The song was a commercial success and was enormously popular among jazz audiences(Moore), however, critics also recognize the song as a musical and improvisational masterpiece. Right away, the Hawkins version of â€Å"Body and Soul† became one of the essential documents of jazz. It was not only a hit on jukeboxes until the 1950s, but also a textbook lesson in ballad playing. †(Moore). The song ‘Body and Soul’ was originally a Tin Pan Alley hit, and was covered by various artists before Coleman Hawkins. The rhythm section in the song is very understated, and the songs chorus is played twice through while Hawkins improvises (oxford). The nature of Hawks solo is what makes this song a masterpiece. In Body and Soul, Hawkins did not use standard blues riffing, hich collects each part of the solo into even, neat sections. Instead Hawkins toyed with â€Å"Sharp cornered phrases and endless lines that were the jazz equivalent of run on sentences†. Apart from the first 4 bars, Hawkins only rarely alludes to th e melody of the original song. Instead he essentially left his solo entirely free form, which was relatively uncommon at the time in swing music1. â€Å"He danced at the upper extremes of chords, foreshadowing the altered harmonies that later were so important to bebop. But he was hardly academic. His spry, seductive tone gave every phrase an unmistakable passion. 1. Body and Soul was not only a masterpiece, it also hinted at the beginning of a new era in jazz. â€Å"When the record first came out, well, everybody said I was playing the wrong notes. It was funny to me†1. This recording was a step for jazz towards a more free form, atonic, and creative art form called bop. The remarkable thing is that Hawkins made this step while retaining mass appeal. In the 40’s and 50’s bop began to replace swing as the main popular form of jazz, although it took on a distinctively different role as a counterculture art form.Most swing musicians resented this new, edgy jazz, but Hawkins encouraged it to such a large extent that he made an effort to systematically employ and collaborate with all of the up and coming jazz artists. â€Å"Unlike others of his generation, whose attitude towards bop ranged from resentment to hostility to bemused indifference, Hawkins championed the music, earning him a degree of loyalty† 2. Hawkins was a role model to young bebop prodigies such as Kenny Clarke, Oscar Pettiford, Fats Navarro, Max Roach and especially Thelonious Monk, who remained a lifelong friend of Hawkins till his death2.It was not that these new up and coming jazz artists were looking to model their musical style after Hawkins’. Rather, they looked at Hawkins commitment to improvisation and craftsmanship and the extraordinary achievements that he’d made, being a wealthy, self made black musician in mid-century America. A 1946 recording session called ‘Bean and the Boys’; which included Fats Navarro, Milt Jackson and Max Ro ach; paid tribute to Hawkins relationship with his young proteges2. In 1944 Hawkins was involved with what is known as the first bop recording session with Dizzy Gillespie and Don Byas3.Although this classification may be somewhat arbitrary, there is no doubt that Hawkins was hugely important to early bop. His 1948 recording ‘Picasso’, a 3 minute tenor sax solo with no supporting instruments, was a creative step for jazz as the first unaccompanied sax solo recorded3. In this recording Hawkins expanded on many of musical ideas, which he pioneered in ‘Body and Soul’, and by taking out the rhythm section Hawkins is able to play an even more ‘free form’ solo which is not locked into a time signature or rhythmic scheme4.Although Hawkins was not himself part of the bop generation, he certainly was an instigator and a catalyst of the bebop revolution. â€Å"The Peculiar combination of personal traits and musical abilities that marked Hawkins – steely ambition, a strong intellect, and virtuosity – characterized the bebop revolution†1. At the start of the 1950’s, Lester Young had become a much bigger influence on young tenor saxophone players than Coleman Hawkins was. However, Hawkins stuck to his melodic, edgy style of improvising and continued to play with various bands including a quintet with Roy Elridge.Around this time Hawkins image and influence went through a resurgence period, when Sonny Rollins, the up and coming bebop tenor saxophonist, claimed that Hawkins was his main musical influence1. In an interview Rollins said, â€Å"Coleman Hawkins had a more intellectual approach maybe to music. He played a lot of very difficult things. So he became my idol†2. Like Hawkins, Rollins went on to have a long, successful career, which was characterized by many of the same qualities that Hawkins possessed.Listening to Rollins and Hawkins recordings side by side displays the distinct influence that Hawk had on Rollins. Sonny has a distinctive style of swing that takes elements from the 1930’s Harlem sound that Hawkins was a part of and Rollins grew up with3. However, similar to Hawkins, Rollins style did evolve greatly over his career. â€Å"Rollins has a seemingly bottomless reservoir of musical knowledge (ranging from jazz standards and pop, to folk songs and classical music)†3.The most important trait, which was passed on from one tenor sax great to another, was the truly progressive nature of jazz. â€Å"Coleman Hawkins†, Sonny Rollins said recently, â€Å"was of [jazz’s] most prominent ‘Role Models’: The prototypical progressive jazz musician. Coleman Hawkins was the foremost tenor sax player of the 20’s and 30’s, and played with some of the most influential bands and musicians of the swing era1. Fletcher Henderson’s band was likely the most influential group of musicians to affect the 1920’s swing danc e craze, and Hawkins played a prominent role in the orchestra2.In1934 he left America for Europe as the one of the most prominent swing musicians in New York3. He came back 5 years later to find that nothing had changed in the New York jazz scene. He went on to cut his most beautiful and influential record, Body and Soul3. In his later years, when jazz began to change around him he did not resist. He encouraged the change and allowed his own musical style to develop as well4. The one thing that remained true for Coleman Hawkins throughout his career was his commitment to jazz as a malleable and ever-changing entity.At the beginning of his career we see this when he â€Å"rescued the tenor saxophone from the oblivion of the circus†5 and turned it into an art form, and we see it in his later years when he passes on these same ideals to the next generation of jazz. He was ‘the King of the Tenor Saxaphone’, and was an extraordinary influence to the evolution of jazz. ——————————————– [ 1 ]. Moon 2 Deveaux 38 [ 2 ]. Deveaux, 39 2 Deveaux, 38 3 Yanow 4Oxford [ 3 ]. Yanow 2 http://www. achievement. org/autodoc/printmember/rol0int-1 3 Carroll [ 4 ]. Magee 7 2 Chilton 23 3 Moon 4 Deveaux 39 5 Chilton 45

Conflicts of Law Course Outline

2011 CONFLICT OF LAWS COURSE OUTLINE AND READING MATERIALS Books: Morris, The Conflict of Laws (3 ed. ) 1984 Cheshire and North, Private International law (11 ed. ) 1987 Collier, Conflict of Laws (1988) Reference: Dicey and Morris, Conflict of Laws (11 ed. ) 1987 Casebook: Morris and North, Cases and Materials on Private International Law (1984) Other works: Anton, Private International Law (of Scotland) 1967. Cook, Logical and Legal Bases of the Conflict of Laws (1942) ; Graveson, The Conflict of Laws (7 ed. ) 1974; Wolff, Private International Law (2 ed. ) 1950. INTRODUCTION 1. Nature and Scope of the Subject Morris Ch. 1 (and 34), Cheshire Ch. 1 Collier, Ch. 1, 2, 21, 22 Anton Ch. 2. Mehrunnissa v Parves (1981) KLR 547 2. Reasons for the basis of the Conflict of Laws: Theories: Territoriality, Vested Rights, Comity, Local Law; see Davies (1937) 18 BYIL 49. Slater v Mexican National Rly 194 US 120, 126 (1904) Loucks v Standard Oil Co. of NY. 224 N. Y. 99 (1918). JURISDICTION 1. Preliminary Issues Patel v Singh (No 2) (1987) KLR 585 2. Common Law Position Morris Ch. 6; Cheshire, Chs. 10,11; Collier Ch. 6; Dicey, Ch. 11. (a)Presence, Submission, Effectiveness Colt Industries v Sarlie (No. ) (1966) 1 W. L. R. 440; Maharanee of Baroda v Wildenstein (1972) 2 Q. B. 282; Re Dulles (1951) Ch. 842; Manta Line v Sofianites (1984) 1 L1. R. 14. Union Bank of M. E. v Clapham (1981) â€Å"Times†, 20 July. Obikoya v Silvernorth (1983) â€Å"Times† 6 July The Messianiki Tolmi (1984) 1L1. R. 266 Williams & Glyn`s v Astro Dinamico (1984) 1 All E. R. 760. Kanti v South British Ins. Co. Ltd. (1981) K. L. R. 1 (b)Limitations Cheshire Ch. 13 British South Africa Co v Companhia de Mocambique (1893) A. C 602 Mackinnon v Donaldson Lufkin and Jenrette Securities Corpn. (1986) 1 All E. R. 563 Ministry of Defence of the Govt of UK v Ndegwa (1983) K. L. R 68 (c)Staying of Actions Morris, Ch. 8; Cheshire Ch. 12; Collier Ch. 7; Dicey Ch. 13. (i)General St. Pierre v South American Stores (1936)1 K. B. 382, at 398; Logan v Bank of Scotland (No. 2) (1906) 1 K. B. 141; Egbert v Short (1907) 2 Ch 205; Re Norton`s Settlement (1908) 1 Ch. 471. Maharanee of Baroda v Wildenstein (1972) 2 . Q. B. 283; The Atlantic Star (1974) A. C. 436; McShannon v Rockware Glass (1978) A. C. 795; The Wladslaw Lokictek (1978) 2 L1. R. 520. The Wellamo (1980) 2 L1. R. 229. European Asian Bank v Punjab & Sind Bank (1981) 2 L1. R. 65. Coupland v Arabian Gulf Petroleum (1983) 2 All E. R. 436 (1983) 1 W. L. R. 1136 The Abidin Daver (1984) A. C. 398 The Jalakrishna (1983) 2 L1. R. 628. The Traugutt (1985) 1 L1. R. 76; The Forum Craftsmen (1985) 1 L1. R. 291. Spiliada v Cansulex (1987) A. C. 460. E. I. Pont de Nemours v Agnew (1987) 2 L1. R. 585; De Dampierre v de Dampierre (1988) A. C. 92. Ocean Sun v Fay (1988) 29 A. L. R. 9. The Francois Vieljeux (1982-88) 1 KAR 398, (1984) K. L. R.. 1 United India Insurance Company and Kenindia Insurance Companyv E. A Underwriter &Anor (1982-88) 1 KAR 639, ((1985) K. L. R 898 (ii)Lis Alibi Pendens St . Pierre v South American Stores (above); McHenry v Lewis (1882) 22 Ch. D. 397; Cohen v Rothfield (1919) 1 K. B. 410; Ionian Bank v Coouvreur (1969) 1 W. L. R. 781; The Christianborg (1885) 10 P. D. 141; The Atlantic Star (1974) A. C. 436. Bushby v Munday (1821) 5 Madd. 297; Orr-Lewis v O-L (1949) P. 347; Sealy (orse. Callan) v Callan (1953) P. 135. The Tyllie Lykes (1977) 1 L1. R. 436 Castanho v Brown & Root (1981) A. C. 557; The Abidin Daver (1984) A. C. 398; Metall und Rohstoff v ACLI Metals (1984) 1 L1. R. 598; Societe N. I. Aerospitiale v Lee Kui Jak (1987) A. C. 871; South Carolina v Ass. de Zeven Provincien (1987) A. C. 24; Meadows Insurance v Ins. Corp. of Ireland (1989) 2 L1. R. 298; Pont de Nemours v Agnew (1988) 2 L1. R. 240; A-G v Arthur Anderson (1988) `Independent` 31 March (iii)Submission to Foreign Arbitration or Foreign Court Arbitration Act (Act N0. 4 of 1995)); Law v Garret (1878) 8 Ch. D. 26 ; The Fehmarn (1958) 1 W. L. R. 159; Mackender v Feldia (1967) 2 Q. B. 590; The Eleftheria (1970) P. 94; Evans Marshall v Bertola (1973) 1 W. L. R. 349. The Vishva Prabha (1979) 2 L. 1. Rep. 286. Carvalho v Hull Blyth (1979) 1 W. L. R. 1228. The El Amria (1980) 1 L1. R. 39; The Kislovodsk (1980) 1 L1. R. 183; Trendex v Credit Suisse (1982) A. C. 679; The Biskra (1983) 2 L1. R. 59; The Hollandia (1983) A. C. 565; The Benarty (1985) Q. B. 325. The Atlantic Song (1983) 2 L1. R. 394. Kisumuwaalla Oil Industries and PanAsiatic Commodities Pte Ltd v E. A. Storage Company Ltd Civil Appeal No 100 of 1995 Naizsons (K) Ltd v China Road and Bridge Corp (Kenya) (2001) 2 E. A. 502 Friendship Container Manufacturers Ltd. v Mitchell Cotts (K) Ltd (2001 2 E. A. 38 Tononoka Steels Ltd v The Eastern ans Souther Africa Development Bank 2 (2000) E. A. 536 Indigo E. P. Z. Ltd v. The P. T. A Bank (2002) 1K. L. R. 811 Raytheon Aircraft Credit Corpn & Anor v Air Al-Faray Ltd (2005) eKLR (iv)Proceedings abroad Settlement Corpn. v Hochschild (1966) Ch. 10; Smith Kline & French v Bloch (1983) 1 W. L. R. 730; Societe Nationale Industrielle Aerospatiale v Lee Ku i Jak (1987) 3 All. E. R. 510 British Airways v Laker Airways (1985) A. C. 58; Smith Kline & Bloch (No. 2) (1984) `Times` 14 Nov; Midland Bank v Laker Airways (1986) 1 All E. R. 526. 3. Statutory Position Service out of the jurisdiction under Civil Procedure Rules only with leave of the court: Order V Rule 21 a) General Principles: The Hagen (1908) P. 189; GAF v Amchen (1975) 1 L1. R. 601: Amin Rasheed v Kuwait Insurance (1984) A. C. 50: Spiliada Maritime v Cansulex (1987) A. C. 460. Mackender v Feldia (1967) 2 Q. B. 590; Evans Marshall v Bertola (1973) 1 W. L. R. 349; Attock Cement v Romanian Bank (1989) 1 W. L. R. 1147; Matthews v Kuwait Bechtel (1959) 2 Q. B. 57. b) Domicile: Re Liddell`s ST (1936) Ch. 365. (Ord 11, rule 4) c) Injunction: Rosler v Hilbery (1925) Ch. 250: The Siskina (1979) A. C. 210(CJ and J Act 1982 s. 25 ). X v Y and Y Republic of Haiti v Duvalier (1990) Q. B. 202. d) Necessary or proper party: Chancy v Murphy (1948) W. N. 130 Witted v Galbraith (1949) A. C. 326; The Brabo (1949) A. C. 326 Multinational Gas v M. G. Services (1983) 3 W. L. R. 492. Qatar Petroleum v Shell (1983) L1. R. 35. e) Contract: Finnish Marine v Protective Ins. (1990) 2 W. L. R. 914; Hutton v Moffarij (1989) 1 W. L. R. 488; Entores v Miles Far East Corporation (1955) 2 Q. B. 327: Brinkibon v Stahag Stahl (1982) 2 A. C. 34 Islamic Arab Insurance v Saudi Egyptian (1987) 1 L. R. 315; National Mortgage Co of NZ v Gosselin (1922) 38 T. L. R. 382; See cases on proper law of contract, esp. Amin Rasheed v Kuwait Insurance (1984) A. C. 50; The Magnum (1988) 1 L1. R. 47; The Chapparal (1968) 2 L1. R. 158; Johnson v Taylor (1920) A. C. 144: f) Tort: Handelskwerkerij be Bier v Mines de Potasse. (1978) Q. B. 708 Metall u Rohstoff v Donaldson Lufkin (1990) Q. B. 391. g) Land: Agnew v Ussher (1884) 14 Q. B. D. 78; Kaye v Sutherland (1887) 20 Q. B. D. 147: Tassel v Hallen (1892) 1 Q. B. 321: Official Reciever v Stype (1983) 1 W. L. R. 214. (h)Trusts: i)Administration of estates, probate: (j)Enforcement of judgement and awards 4. Brussels Convention (a)Objectives; comparison with common law: Berisford v New Hampshire (1990) 2 All E. R. 321; Arkwright v Bryanston (1990) 2 All E. R 335. Owusu v Jackson and Others Case C-128/01 Cheshire, Chs. 14, 16; Collier Ch. 9; Dicey, Chs. 11, 14. Part I. b) Interpretation: (Reference to European Court: arts 2, 3) LTU v Eurocontrol (1 976) ECR 1561; Bavaria & Germania v Eurocontrol (1977) ECR 1517; Netherlands v Ruffer (1980) ECR 3807; Gourdain v Nadler (1979) ECR 733; Bertrand v Ott (1978) ECR 1431; Somafer v Saar-Ferngas (1978) ECR 2183; Industrial Diamond Supplies v Riva (1977) ECR 2175; Duijnstee v Goderbauer (1983) ECR 3663; . Tessili v Dunlop (1976) ECR 1473. c) Sphere of application: civil and commercial matters (art. 1): LTU v Eurocontrol; Bavaria and Germania v Eurocontrol; Netherlands v Ruffer. Exceptions: De cavel v De C. (No. 1) (1979) ECR 105; (No. 2) (1980) ECR 731; W v H (1982) ECR 1189; see also The Deichland (1990) Q. B. 361. d) Jurisdiction (Arts 2-23): i) General rule: domicile of defendant (art 2); definition: (arts 2-3 The Deichland (1989) 3 W. L. R. 478 i) Special (concurrent) jurisdiction (Arts. 5-6) especially 1. Contract: place of performance of obligation: Effer v Kantner (1982) ECR 825; De Bloos v Bouyer (1976) ECR 1473; Ivenel v Schwab (1982) ECR 1891 Zelger v Salinitri (1980) ECR 89; Martin Peters v Zuid Nederlandsche (1983) ECR 987; Shenavai v Kreischer (1987) 3 C. M. L. R. 782 Tesam v Shuh Mode (1989) `Times` 24 October; Medway v Meurer (1990) `Time s` 7 May 2. Tort: where the harmful event occurred: Netherlands v Ruffer (1980) ECR 3807 at 3833; Kalfelis v Schroder (1988) `Times` 5 October; Bier v Mines de Potasse (1976) ECR 1735, (1978) Q. B. 708. Minister Investments v Hyundai (1988) 2 L1. R. 621 3. Branch, agency etc: Somafer v Sarr-Ferngas (1978) ECR 2183; De Bloos v Bouyer; Blanckaert & Willems v Trost (1981) ECR 819; Sar Schotte v Parfums Rothschild (1988) `Times`12 January. 4. Insurance (arts. 7-12); Consumer Contracts (arts. 13-15); Bertrand v Ott (1978) ECR 1431. iii) Exclusive jurisdiction (art 16) especially: 1. Immovables: Sanders v Van der Putte (1977) ECR 2383 Roessler v Rottwinkel (1985) CMLR. 806; Scherrens v Maenhout (1988) `Times` 5 September. 2. Companies or Legal Persons 3. Enforcement of judgment iv) Submission v) Contractual agreement (art 17). Elefanten Schuh v Jacqmain (1981) 1671;. Meeth v Glacetal (1978) ECR 2133; Salotti v Ruwa (1976) ECR 1831; Segoura v Bonakdarian, 1976 ECR 1851; Iveco Fiat v Van Hool (1988) 1 CMLR. 5757; Anterist v Credit Lyonnais (1987) 1 CMLR 333. National Law: Sanicentral v Collin (1979) ECR 3423 ; Ms Tilly Russ v Haven (1985) 3 W. L. R. 179; Other submission (art. 18) Elefanten Schuh v Jacqmain; Rohr v Ossberger (1981) ECR 2431; W v H (1982) ECR 1189; Gerling v Tesoro (1983) ECR 2503; Berghoefer v A. S. A. (1986) 1 CMLR 13; The Sidney Express (1988) 2 L1. R. 257. vi) Scrutiny of jurisdiction and admissibility (arts. 19-20) ii) Lis pendens – related action (arts. 21-23) The Nordglimt (198) Q. B. 183; The Linda (1988) 1 L1. R. 175; Gubisch Maschinenfabrik v Palumbo (1988) `Times` 12 January; Kloeckner v Gatoil (1990) 1 L1. R. 177; Berisford v New Hampshire; (1990) 2 All E. R. 335. viii) Provisional and protective measures (art. 24) CHOICE OF LAW 1. General Considerations Reading list: Kahn- Freund, General Problems of Private International Law Leyden, 1976 and 1980, 89-101 Wolff, Private International Law, 2nd ed, 96ff. Forsyyth, Private Interational Law, (first edition) Juta & co, 1981, 5-7. (2nd edition, 1989, pages 4-8) a)The History of the choice of law rule Lipstein, `Principles of the conflict of laws, National and International’ 1981, 1-46. Cheshire, op cit, chapter 2. Kahn-Freund, op cit, 97-101 Forsyth, 20-57. (b)Pleading Foreign Law The Evidence Act, section 60 A. G. of New Zealand v Ortiz (1984) A. C. 1 Vervaeke v Smith (1983) 1 A. C. 145 (c) Renvoi Kahn-Freund, op cit, 285-291. Anton, 55ff Morris, 469-480 Cheshire, 57ff Forsyth, 68-78. Munro, `The Magic Roundabout of Conflict of Laws’ 1978 Juridicial Review 65 Hicks, `The Lair Paradox in Legal Reasoning’ 1971 CLJ 275 at 284 and 289. In re Annesley: Davidson v Annesley [1926] ch 692 In re Ross, Ross v Waterfield [1930] 1 ch 377 Collier v Rivaz (1841) 2 Curt 855 Re Askew [1930] 2 ch 259 Re O’Keefe [1949] ch 124 Re Trufort (1887) 36 ch D 600 R v Brentwood Superintendent Registrar of Marriages, ex parte Arias [1968] 2 QB 956 Amin Rasheed Shipping Corporation v Kuwait Insurance Co [1984] AC 50 (d)The incidental question Kahn- Freund, op cit, 291-294. Morris, op cit, 489-492. Cheshire, Private International Law, 53ff. Forsyth, op cit, 2nd ed, 78-81. Gotlieb, `The incidental question revisited- theory and practise in the conflict of Laws’ (1977) 26 ICLQ 734. Schwebel v Ungar (1926) 42DLR (2d) 622 affd (1964) 48 DLR (2d) 644 Lawrence v Lawrence [1985] Fam 106 (e) Characterisation Kahn-Freund, op cit, 223-241 Cheshire, op cit, 43-52. Morris, op cit, 481-488 Falconbridge `Conflicts Rule and Characterization of Question’ (1952) 30 Canadian Bar Review 103 and 264. Anton,op cit 43ff Forsyth, op cit. , 59-69 Forsyth, `Extinctive Prescription and the Lex Fori’ (1982)99 SALJ 16 Forsyth, `Characterization etc’ (1987) 104 SALJ 4 Bennett, `Cumulation and Gap: Are they systemic defects in the conflict of Laws? ’ (1988) 105 SALJ 444 Ogden v Ogden [1908] p 46 Huber v Steiner (1835) 2 Bing NC 202 Re Maldonado [1954] p 223 Re Cohn [1945] ch 5 In re State of Norway’s Application (No 2) [1989] 1 ALL ER 701 (CA) and 745 (HL) (f)Domicile and Residence Morris, Ch. 2; Cheshire Ch. 9; Collier, Ch. 5; Dicey Ch. 7. Law of Domicil Act Cap 37 (i)Definition Whicker v Hume (1858) 7 H. L. C. 124; Gatty v A-G. (1951) P. 144; Udny v Udny (1869) L. R. 1 Sc. & D. 441; Re Annesly (1926) Ch. 692. (ii)Domicile of Origin Udny v U. ; Urquhart v Butterfield (1887) 37 Ch. D. 357; Re McKenzie (1951) 51 S. R. N. S. W. 293; Henderson v H (1967) P. 77; Re Jones 192 Iowa 78 (1921). (iii)Domicile of Choice Schiratti v Schiratti (1978) K. L. R 128; White v Tennant 31 W, Va. 790 (1888) ; Re Fuld (No. 3) (1968) P. 675; Bell v Kennedy (1868) L. R. 1 Sc. Div. 307; Winans v A-G (1904) A. C. 287; Ramsey v Royal Liverpool Infirmary (1930) A. C. 588; Ross v Ross (1930) A. C. 1; Buswell v I. R. C. (1974) 1 W. L. R. 1631; I. R. C. v Bullock (1976) 1 W. L. R. 1178. Puttick v A. G. (1980) Fam. 1. Re Furse (1980) 3 All E. R. 838. Brown v B. (1982) 3 F. L. R. 212; Re Clore (1984) S. T. C. 609; Cramer v C (1987) 1 F. L. R. 116; IRC v Plummer (1988) 1 W. L. R. 292; Re Lloyd Evans (1947) Ch 695; Tee v Tee (1973) 3 All. E. R. 1105 iii) Special Cases 1. Naturalisation: Wahl v A-G. (1932) 147 L. T. 382; Re Fuld. 2. Deportees: Boldirini v B. (1932) P. 9; May v May (1943) 2 All E. R. 146; Szechter v S. (1971) P. 286; Zanelli v Z (1948) 64 T. L. R. 556; Cruh v C (1945) 2 All E. R. 545. 3. Fugitives and Refugees: Re Martin (1900) P. 211; De Bonneval v D. B. (1838) 1 Curt. 856; Re Lloyd-Evans (1947) Ch. 695; May v M. 4. Invalids: Hoskins v Matthews (1855) 8 D. M. & G. 13; Re James (1908) 98 L. T. 438. 5. Servicemen: Sellars v S. 1942 S. C. 206; Donaldson v D. (1949) P. 363; Cruishanks v C. (1957) 1 All E. R. 889; Stone v S. (1958) 1 W. L. R. 1287. 6. Abandonment: In b. Raffenel (1863) 3 S. W. & Tr. 49; Zannelli v Z. ; b (1968) 1 ALL E. R. 49; Tee v Tee (1974) 1 W. L. R. 213. (iv)Domicile of Dependancy (see 37 M. L. R. 179) 1. Married Women: A-G. for Alberta v Cook (1926) A. C. 444; Re Scullard (1957) Ch. 107; Domicile and Matrimonnial Proceedings Act 1973, s. 1. Puttick v A-G (1980) Fam. 1. Oundian v O. (1980) Fam. L. R. 198. IRC v Portland (1982) Ch. 314. 2. Children: Johnstone v Beattie (1843) 10 Cl. & F. 42; Harrison v H. (1953) 1 W. L. R. 865; Potinger v Wightman (1817) 3 Mer. 67; Re Beaumont (1893) 3 Ch. 490; Hope v H. (1968) N. Ir. 1; Shanks v S. 1965 S. L. T. 330; Domicile Act, 1973 ss. 3, 4. 3. Insane Persons: Urquhart v Butterfield; Crumpton`s Judicial Factor v Finch-Noyes 1918 S. C. 378; Sharpe v Crispin (1860) L. R. 1 P. D. 611 (v)Residence 1. Habitual Residence: Cruse v Chittum (1974) 2 All E. R. 940; 24 I. C. L. Q. 1. ; Kapur v K. (1984) F. L. R. 920. 2. Ordinary Residence: Levene v I. R. C. (1928) A. C. 217; Hopkins v H. (1951) P. 116; Stransky v S. (1954) P. 248; Lewis v L. (1956) 1 W. L. R. 200. Re P (GE) (An Infant) (1965) Ch. 568. R v Barnet L. B. C. ex. P. Nilish Shah (1983) 2 A. C. 309. (vi)Corporations 1. Status National Bank of Greece and Anthens v Metliss (1958) A. C. 509; Adams v National Bank of Greece S. A. (1961) A. C. 225. 2. Domicile and Residence Ridsdon Iron and Locomotive Works v Furness (1906) 1 K. B. 49; Cesena Sulphur Co. v Nicholson (1876) 1 Ex. D. 428; De Beers Consolidated v Howe (1906) A. C. 455; Egyptian Delta Land & Co. v Todd (1929) A. C. 1; Swedish Central Rly v Thompson (1925) A. C. 495; Unit Construction Co. v Bullock (1960) A. C. 351; Gasque v I. R. C. (1940) 2 K. B. 80;. Shah v Barnet London Borough Council (1983) 1 All. E. R. 226; Kapur v Kapur (1985) Fam Law. Rep. 22 2. Substantive Choice of Law Rules (a)Marriage Bishop, `Choice of Law of Impotence and Wilful Refusal`, (1978) 41 MLR 512. Carter, `Capacity to Remarry After Foreign Divorce`, (1985) 101 LQR 496. Fentiman, `The Validity of marriage and the Proper Law`, (1985) CLJ 256. Hartley, `Polygamy and Social Policy`, (1969) 32 MLR 155; `The Policy Basis of the English Conflict of Laws of Marriage`, (1972) 35 MLR 571. Jaffey, `The Essential Validity of Marriage in the English Conflict of Laws`, (1978) 41 MLR 38; `The Incidental Question and Capacity to Remarry`, (1985) 48 MLR 465. North, `Development of Rules of Private International Law in the Field of Family Law`, (1980) I Recueil des Cours 17. Poulter, `Hyde v Hyde – A Reappraisal` (1976) 25 ICLQ 475. Smart, `Interest Analysis, False Conflicts and the Essential Validity of Marriage`, (1985) 14 Anglo-Amer L Rev 225. Stone, `Some Aspects of Fundamental Rights in the English Conflict of Laws` in Bridge et al (eds) Fundamental Rights (1973) London, Sweet & Maxwell, pp 232, 246-7; `Capacity for Polygamy – Judicial Rectification of Legislative Error` (1983) Fam Law 76. Brook v Brook (1861) 9 HL Cas 193 De Reneville v de Reneville (1948) P 100 Cheni v Cheni (1965) P 85 Lawrence v Lawrence (1985) 2 All E. R. 733 Re Paine (1940) Ch 46 Sottomayer v De Barros (No 2) (1879) 5 PD 94 Ogden v Ogden (1908) P 46 Vervaeke v Smith (1981) 1 All ER 55 Mohammed v Knott (1969) 1 QB 1 Pugh v Pugh (1951) P 482 Radwan v Radwan (No 2) (1972) 3 All ER 1026 R v Brentwood Marriage Registrar (1968) 3 All ER 279 Schwebel v Ungar (1964) 48 DLR (2d) 644 Breen v Breen (1964) P 144 Schezter v Schezter (1971) P 286 Way v Way (1950) P 71 Ponticelli v Ponticelli (1958) P 204 Berthiaume v Dastous (1930) A C 79 Starkowski v AG (1954) AC 155 Lodge v Lodge (1967) 107 Sol Jo. 437 Tackzanowska v Tackzanowski (1957) P 301 (b)Matrimonial Causes Forsyth, `Recognition of Extra-Judicial Divorces: The Transnational Divoce`, (1985) 34 ICLQ 398. Jaffey, `Vervaeke v Smith`, (1983) 32 ICLQ 500. Karsten, `Recognition of Non-Judicial Divorces`, (1980) 43 MLR 202. McClean, Recognition of Family Judgements in the Commonwealth (1983) London, Butterworths. North, The Private International Law of Matrimonial Causes in the British Isles and the Republic of Ireland (1977) Amsterdam, North-Holland Publishing Co. Stone, `The Recognition in England of Talaq Divorces`, (1985) 14 Anglo-Amer L Rev 363. Young, `The Recognition of Extra-Judicial DIvorces`, (1987) 7 LS 78. Schiratti v Schiratti (1978) K. L. R 128 Le Mesurier v Le Mesurier (1895) AC 517 Armitage v AG (1906) P 135 Indyka v Indyka (1969) 1AC 33 Re Meyer (1971) P 298 Salvesen v Australian Propety Administrator (1927) AC 641 Re Edgerton's Wills Trust (1956) Ch 593 Duke of Malborough v AG (1945) Ch 78 Cooper v Cooper (1888) 13 App Cas 88 Callwood v Callwood (1960) AC 659 Harvey v Farnie (1882) 8 App Cas 43 Travers v Holley (1953) P 246 Quazi v Quazi (1980) AC 794 Bater v Bater (1906) P 209 Kendall v Kendall (1971) 1 All ER 378 Merker v Merker (1963) P 283 Re Bankes (1902) 2 Ch 333 Re De Nichols (1900) 2 Ch 410 De Nichols v Curlier (1900) AC 21 (c) Contracts Cheshire, International Contracts (1948). Fletcher, Conflict of Law and European Community Law, Amsterdam, North-Holland Publishing Co, Chapter 5. Jaffey, `Essential Validity of Contracts in the English Conflicts of Laws`, (1974) 23 ICLQ 1; `Offer and Acceptance and Related Questions in the English Conflict of Laws` (1975) 24 ICLQ 603; `The English Proper Law Doctrine and the EEC Convention`, (1984) 33 ICLQ 531. Lasok and Stone, Conflict of Laws in the European Community (1987) Abingdon, Professional Books, Chapter 9. Libling, `Formation of International Contracts`, (1979) 42 MLR 169. Mann, `The Proper Law of the Contract`, (1950) 3 ICLQ 60 and 597; `Proper Law and Illegality in Private International Law` (1973) 18 BYIL 97. Morris, `The Proper Law of a Contract: a Reply`, (1950) 3 ILQ 197. North, `Varying the Proper Law`, in Multum non Multa, Festschrift for Kurt Lipstein (1980), Heidelberg, Muller, p 205. Pierce, `Post-Formation Choice of Law in Contract`, (1987) 50 MLR 176. Karachi Gas Ltd. v Issaq (1965) E. A. 42 Bonython v Commonwealth of Australia (1951) AC 201 Amin Rasheed Case (Supra) Campagnie D'Armement Maritime SA v Cie Tunisienne de Navigation SA (1971) AC 572 Broken Hill Pty Co Ltd v Xenakis (1982) 2 Ll Rep 304 Royal Exchange Assurance Corp v Sjofarsakrings Akt Vega (1902) 2 KB 384 The Adriatic (1931) P 241 Sayers v International Drilling Co NV (1971) 3 All ER 163 Rossano v Manufactures Life Assurance Co (1963) 2 QB 352 Coast Lines Ltd v Hudig and Veder Chartering (1972) 2 QB 34 Vita Food Products Inc v Unus Shipping Co Ltd (1939) AC 277 The Iran Vojdan (1984) 2 Ll Rep 380 The Mariannina (1983) 1 Ll Rep 12 De Dampierre v De Dampierre (1987) 2 All. E. R. 1 (d)Torts Briggs, `What Did Boys v Chaplin Decide? `, (1983) 12 Anglo-Amer L Rev 237. Carter, `Torts in English Private International Law`, (1981) 52 BYIL 9. Fawcett, `Policy Considerations in Tort Choice of Law`, (1984) 47 MLR 650. Jaffey, `Choice of Law inTort: A Justice-Based Approach`, (1982) 2 LS 98. Karsten, `Chaplin v Boys: Another Analysis`, (1970) 19 ICLQ 35. Kahn-Freund, `Delictual Liability and the Conflict of Laws`, (1968) II Recueil des Cours, 5. Law Commission Working Paper No 87, `Choice of Law in Tort` (1984). Lasok and Stone, Conflict of Laws in European Community (1987) Abingdon, Professional Books, Chapter 9. McGregor, `The International Accident problem`, (1907) 33 MLR 1. Morris, `Torts in the Conflicts of Laws`, (1949) 12 MLR 248; `The Proper Law of a Tort` (1951) 64 Harv L Rev 881. Morse, Torts in Private International Law (1978) Amsterdam, North-Holland Publishing Co. North, `Contract as a Tort Defence in the Conflict of Laws`, (1977) 26 ICLQ 914. Clarence Smith, `Torts and the Conflict of Laws`, (1957) 20 MLR 447. The Halley (1868) LR 2 PC 193 Phillips v Eyre (1870) LR 6 QB 1 Machado V Fontes (1897) 2 QB 231 Mclean v Pettigrew (1945) 2 DLR 65 Mackinnon v Iberia Shipping Company (1954) 2 Ll 372 Babcock v Jackson 12 NY 2d 473 Reich v Purcell 432 P 2d 727 Chaplin v Boys (1971) AC 356 Church of Scientology of California v Metropolitan Police Commr (1976) 120 Sol Jo 690 Coupland v Arabian Gulf Petroleum Co. 1983) 2 All E. R. 434 (e)Succession Re Annesley (1926) Ch 692 Re Ross (1930) 1 Ch 377 Re Cunnington (1924) 1 Ch 68 Re Fergusson’s Will (1902) 1 Ch 483 Re Price (1900) 1 Ch 442 Re Lewal’s Settlement Trust (1918) 2 Ch 391 Re Fuld’s Estate (No 3) (1968) P 675 Re Schnapper (1928) Ch 420 Re Hellman’s Will (1866) LR 2 Eq. 363 Re Martin (19 00) P 211 Re Miller (1914) 1 Ch 511 Phillip- Stow v IRC (1961) AC 727 Re Collens (1986) Ch 505 Re O’ Keefe (1940) Ch 124 Law of Succession Act, section 16 (f) Transfer of Property Inter Vivos Davis, `Conditional Sales and Chattel Mortgages in the Conflict of Law`, (1964) 13 ICLQ 53. Winkworth v Christie, Manson & Woods Ltd (1980) Ch 496 Adams v Clutterbuck (1883) 10 QBD 403 Re Smith (1916) 2 Ch 206 Bank of Africa Ltd v Cohen (1909) 2 Ch 129 Bank voor Handel en Scheepvart NV v Slatford (1953) 1 QB 248 Hardwick Game Farm v Suffolk Agricultural and Poultry Producers Association (1966) 1 All ER 306 RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGEMENTS Morris, Ch. 9; Cheshire Ch. 15; Collier Ch. 8; Dicey, Ch. 14; Anton, Ch. 26; . 1. Recognition /Enforcement 2. Enforcement of Judgements in personam a) Action of judgement at Common Law Grant v Easton (1883) 13 Ch. D. 302 (GA) (b)Registration under Statute Foreign Judgements Reciprocal Enforcement Act (Cap 43) Trepca Mines (1960) 1 W. L. R. 1273 at 1282; Rossano v Manufacturers Life Ins. Co. (1963) 2 Q. B. 352; Sidmetal v Titan (1966) 1 Q. B. 828; Black-Clawson v Papierwerke (1975) A. C. 591. 3. Jurisdiction of Foreign Court Buchanan v Rucker (1808) 9 East 193; Sirdar Gurdyal Singh v Rajah of Faridkote (1894) A. C. 670; Emanuel v Symon (1908) 1 K. B. 302, 309. (a)Presence or Residence at time of service of process Carrick v Hancock (1895) 12 T. L. R. 59; Blohn v Desser (1962) 2 Q. B. 116; 1933 Act s. 4 (2) (a) (iv). b) Residence of companies Littauer Glove Co. v F. W. Millington (1928) 44 T. L. R. 746; Sfier v National Ins. Co. of N. Z. (1964) 1 L1. R. 330; Vogel v Kohnstamm Ltd. (1973) Q. B. 133; Adams v Cape Industries (1990) 2 W. L. R. 657. (c)Submission to Foreign Courts i) As Plaintiff: Schibsby v Westenholtz (1870) L. R. 6 Q. B. 155, 161, or as counterclaimant: Cap 43s. 4 (2) (a) (ii). ii) Contract of Agreement to Submit: Feyerick v Hubbard (1902) 71 L. J. K. B. 509; Cap 43 s. 4 (2) (a) (iii); Copin v Adamson (1874) L. R. 9 Ex. 345; Emanuel v Symon; Blohn v Desser; Vogel v Kohnstamn. iii) As defendant pleading to the merits: Cap 43 s. (2) (a) (iii); Copin v Adamson (1874) L. R. 9 Ex. 345; Emanuel v Symon; Blohn v Desser; Vogel v Kohnstamn. (d)Office or Place of Business Cap 43 s. 4 (1) (e) Italframe Ltd vs Mediterranean Shipping Co (1986) KLR 54 Gathuna v African Orthodox Church of Kenya (1982) KLR 356 4. Defence when Foreign Court has Jurisdiction d. (a)Fraud: Ochsenbein v Papelier (1893) L. R. 8 Ch. App. 695; Abo uloff v Oppenheimer (1882) 10 Q. B. D. 310; Syal v Heyward (1948) 2 K. B. 443; Jet Holdings v Patel (1990) Q. B. 335; House of Spring Gardens v Waite (1990) 3 W. L. R. 347; Cap 43 s. 10(1) (h) . (b)Natural Justice Price v Dewhurst (1837) 8 Sim. 279; Scarpetta v Lowenfield (1911) 27 T. L. R. 424; Jacobson v Franchon (1927) 138 L. T. 386; Gray v Formosa (1963) P. 259; Lepre v Lepre (1965) P. 52; Adams v Cape Industries (1990) 2 W. L. R. 657; Cap 43 s. 10 (1) (g) c) Public Policy Re Macartney (1921) 1 Ch. 522; Armitage v Nanchen (1983) 4 F. L. R. 293; Phrantzes v Argenti (1960) 2 Q. B. 19; Mayo-Perrot v M-P (1958) Ir. R 336. Cap 43. 4 (1) (a) (v). Israel Discount Bank of N. Y. v Hadjipateras (1983) 3 All E. R. 129. Vervaeke v Smith (1983) 1 A. C. 145; Cap 43 s. 10 (1) (n) 5. Requirements for and Method of Enforcement a)Must be â€Å"final and conclusive† Nouvion v Freeman (1889) 15 App. Cas 1; Colt Industries v Sarlie (No. 2) (1966) 1 W. L. R. 1287; Berliner Indusrie Bank v Jost (1971) 2 Q. B. 463; Cap 43 s. 3 (2) (b) (b)Must be for debt or fixed sum: Sadler v Robins (1808) 1 Camp. 253. Harrop v H. (1920) 3 K. B. 386; Beatty v B (1924) 1 K. B. 807; Cap 43 s. 3 (2) (a) (c)Must not be for ta xes or a penalty: Huntington v Attril (1893) A. C. 150; Raulin v Fischer (1911) 2 K. B. 93; Schemmer v Property Resources (1975) Ch. 273; SA Consortium v Sun and Sand (1978) Q. B. 279; U. S. A. v Inkley (1989) Q. B. 255; Cap 43 s. 3 (3) (a)

Article Critique Assignment On Child Welfare Services

Article Critique Assignment 1. Describe the type of research used in this study. Include whether it is qualitative, quantitative, or mixed-methods. Is it exploratory, descriptive, or explanatory? Be sure to justify your answers. This study was comprised of mixed methods in that there were observations, interviews utilized to gather data, but there was also a clearly stated hypothesis in which the researcher was seeking to answer. This study was explanatory as it sought to further support the effectiveness of wrap-around services with children with severe emotional disturbances. In addition, the researchers also examined the causal relationship of wrap around services and linkage of better outcomes for youth when compared with you not receiving wrap round services. Or descriptive 2. What was the research problem identified by the researchers? In your opinion, was it clearly defined? 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