Adrian Briggs, KC (Hon)

Adrian Briggs was until 30 September 2021 the Sir Richard Gozney Fellow and Tutor in Law at St Edmund Hall, where he had been a tutorial fellow since 1980, and Professor of Private International Law; he is now Emeritus Fellow and Emeritus Professor. His main interest was and still is in private international law, and within that, in questions of civil jurisdiction and the effect of foreign judgments. He spent 15 years as one of the editors of Dicey, Morris and Collins, The Conflict of Laws, but his own perspective on the subject, in its increasingly European character, as it then was, was set out and published in 2015 as Private International Law in English Courts. This took its place alongside his several other books on private international law, of which Civil Jurisdiction and Judgments is the most established, and The Conflict of Laws, in the Clarendon series, the most conversational.

As a result of the referendum in 2016 and the turbulent years which followed it, it was necessary to un-write and re-write all three of these books. Private International Law in English Courts came out in post-Brexit form in 2023; The Conflict of Laws in 2024; and the eighth edition of Civil Jurisdiction and Judgments will be published in 2025.

Aside from the English conflict of laws, Private International Law in Myanmar (2015) and The Law of Contract in Myanmar (jointly with Andrew (now Lord) Burrows (2017)) provided an alternative, and utterly absorbing, intellectual challenge; it is great pity that the immense calamity which descended on Myanmar means that involvement with its universities and law is suspended sine die. 

He also practises from chambers in the Temple. He was called to the Bar in 1989; took silk in 2016, and was elected a Master of the Bench by Middle Temple in 2024.

Publications

Books: as sole author (current editions)

• Briggs, Private International Law in English Courts (Oxford) 2nd edition 2023
• Briggs, Civil Jurisdiction & Judgments (Routledge) 7th edn, 2020 (editions 1 to 5 were published, by Informa, as Briggs & Rees, Civil Jurisdiction and Judgments; edition 6 was published, by Routledge, as Briggs, Civil Jurisdiction and Judgments; 8th edition in preparation)
• Briggs: Agreements on Jurisdiction and Choice of Law (Oxford) 1st edn, 2008
• Briggs: The Conflict of Laws (Clarendon Press) 5th edn 2024
• Briggs: Private International Law in Myanmar, 2016

Books: as major contributor

• Dicey, Morris & Collins, The Conflict of Laws: one of the team of editors working under the general editorship of Lord Collins of Mapesbury. I worked on the 13th edition (2000), the 14th edition (2006), and the 15th edition (2012), as well as on annual Supplements
• Burrows (ed), English Private Law: Chapter on Private International Law (Oxford): 3rd edn, 2013
• Briggs & Burrows: The Law of Contract in Myanmar, 2017

Articles and surveys:

(a)       conflict of jurisdictions and of judgments: common law       

• The Hague Judgments Convention 2019: [2024] LMCLQ 458
• When arbitration matters: [2024] LMCLQ 30
• Reframing Jurisdiction: A New Scheme (with A Dickinson): [2022] 41 CJQ 317
• The long arm of the law: [2021] LMCLQ 223
• A conflict of comity in the enforcement of judgments: [2021] LMCLQ 1
• What do you mean, ‘non exclusive’ ?: [2019] LMCLQ 329
• Service out: communis error frangit ius: [2019] LMCLQ 195
• Holiday torts and damage within the jurisdiction: [2018] LMCLQ 196
• Direct actions and arbitration: all at sea: [2016] LMCLQ 327
• The hidden depths of the law of jurisdiction: [2016] LMCLQ 236
• Judicial Assistance still in need of judicial assistance: [2015] LMCLQ 179
• In for a penny, in for a pound: [2013] LMCLQ 26
• Recognition of Foreign Judgments: a Matter of Obligation: (2013) 129 LQR 87
• The Subtle Variety of Jurisdiction Agreements: [2012] LMCLQ 364
• Forum non satis: Spiliada and an inconvenient truth: [2011] LMCLQ 329
• Foreign Judgments: the common law flexes its muscles: (2011) 17 Trusts & Trustees 328
• Recognition: foreign judgments or insolvency proceedings? [2010] LMCLQ 523
• Enforcing and reinforcing an English judgment: [2008] LMCLQ 421
• Note on Fiona Trust v Privalov: [2008] LMCLQ 1
• Recognition and enforcement of Russian Judgments in England: Vyestnik 2006, Part 3, 77
• Foreign Judgments and Human Rights: note on USA v Montgomery: (2005) 121 LQR 185
• Crossing the river by feeling the stones: re-thinking the law on foreign judgments: (2004) 8 Singapore Year Book of International Law 1
• Anti-suit injunctions in a Complex World: in Rose (ed), Lex Mercatoria: Essays in International Commercial Law, ch 12
• Self-restraint in the High Court of Australia: (1998) 114 LQR 27
• The unrestrained reach of an anti-suit injunction: [1997] LMCLQ 90
• Note on Seaconsar v Bank Markazi: [1994] LMCLQ 1
• Note on The Indian Grace: [1993] LMCLQ 451
• Jurisdiction clauses and judicial attitudes: (1993) 109 LQR 382
• Foreign judgments: more surprises: (1992) 108 LQR 549
• Forum non conveniens in Australia: (1989) 105 LQR 200
• Wider still and wider: the bounds of Australian exorbitant jurisdiction: [1989] LMCLQ 216
• Restraint of foreign proceedings: [1987] LMCLQ 391
• Which foreign judgments should we recognise today?: (1987) 36 ICLQ 240
• Forum non conveniens: the last word?: [1987] LMCLQ 1
• The validity of floating choice of law and jurisdiction clauses: [1986] LMCLQ 508
• Forum non conveniens: an update: [1985] LMCLQ 360
• The staying of actions on the ground of forum non conveniens: [1984] LMCLQ 227
• Forum non conveniens: now we are ten? (1983) 3 Legal Studies 74
• No interference with foreign courts? (1982) 31 ICLQ 189

(b)       conflict of jurisdictions and judgments: European rules    

• The Empire strikes back: (note on M/T Prestige) [2024] LMCLQ 3
• Arbitration in Europe: the Luxembourg Torpedo (note on M/T Prestige) [2022] LMCLQ 543
• One-sided jurisdiction clauses: French folly and Russian menace: [2013] LMCLQ 137
• What should be done about jurisdiction agreements? (2011) 12 Yearbook of Private International Law 311
• The Rejection of Abuse in International Civil Procedure: de la Feria and Vogenauer (eds), Prohibition of Abuse of Law (2011), ch 18
• Timeo danaos on the Rock of Gibraltar: (2010) 126 LQR 20
• Fear and Loathing in Luxembourg and Syracuse (note on West Tankers): [2009] LMCLQ 161
• Who is bound by the Brussels Regulation? (note on Samengo-Turner): [2007] LMCLQ 433
• Jurisdiction over defences and connected claims: [2006] LMCLQ 447
• Learning to learn from others in Europe (with B. Dohmann QC): Festschrift für Peter Schlosser zum 70. Geburtstag, p. 161
• Note on Réunion Européenne: [1999] LMCLQ 333
• The Impact of Recent Judgments of the European Court on English Procedural Law and Practice: [2005] Zeitschrift für Schweizerisches Recht (2005) 124 II 231
• Forum non conveniens and Ideal Europeans: [2005] LMCLQ 378
• Note on Owusu v Jackson: (2005) 121 LQR 535
• Anti-suit Injunctions and Utopian Ideals (note on Turner v Grovit): (2004) 120 LQR 529
• Some points of friction between English and Brussels Convention jurisdiction: Andenas & Jacobs (eds), European Community Law in the English Courts, Ch 19.
• Note on Pearce v Ove Arup and Suzo v Coin Controls: (1997) 113 LQR 360
• Note on Marinari v Lloyd’s Bank: [1996] LMCLQ 27
• Note on The Tatry: [1995] LMCLQ 161
• Note on The Sargasso: [1994] LMCLQ 470
• Note on Webb v Webb: (1994) 110 LQR 526
• Note on Continental Bank v Aeakos: [1994] LMCLQ 158
• Get your writs out? (Note on The Duke of Yare): [1992] LMCLQ 150
• Jurisdiction over restitutionary claims: [1992] LMCLQ 283
• The Brussels Convention reaches the House of Lords: (1992) 108 LQR 186
• Foreign judgments and the Brussels Convention: (1991) 107 LQR 531
• Forum non conveniens and the Brussels Convention again: (1991) 107 LQR 180
• Spiliada and the Brussels Convention: [1991] LMCLQ 10

(c)        conflict of laws

• Peninsular and Oriental Steam Navigation Company v Shand and Lloyd v Guibert (1865): in Day & Merrett (eds), Landmark Cases in Private International Law (2023), ch 2
• Render unto Caesar (note on SKAT v Solo Partners): [2022] LMCLQ 345
• Which law applies ? A role for private international law: in Lim (ed) Cambridge Companion to International Arbitration (2021): ch 4
• Private International Law and the Privy Council: in Mitchell and Watterson (eds), The World of Maritime and Commercial Law: Essays in Honour of Francis Rose (2020), ch 7
• Brexit and Private International Law: an English perspective: [2019] RDIPP 261
• Comity in Private International Law: Vol 354 Recueil des cours (2012), pp 1-129 (Hague Lectures, 2011)
• The Development of Principle by a Final Court of Appeal in Matters of Private
• International Law, in Lee (ed) From House of Lords to Supreme Court (2011), ch 8
• Restitution and not-so-local authority swaps (with J Edelman): (2010) 126 LQR 500
• When in Rome, choose as the Romans choose: (2009) 125 LQR 191
• Misappropriated and Misapplied Assets in the Conflict of Laws: in Degeling & Edelman (eds) Unjust Enrichment in Commercial Law (2008), ch 3
• Contractual Agreements on choice of law: in Burrows & Peel (eds), Contract Terms (2007), ch 15
• A Map or a Maze: Jurisdiction and choice of law in the Court of Appeal: (2007) 11 Singapore Year Book of International Law 132
• The cost of suppressing insurrection: (2007) 123 LQR 182
• The further consequences of choice of law: (2007) 123 LQR 18
• The Meaning and Proof of Foreign Law: [2006] LMCLQ 1
• On the Application of the Statute Law of Singapore within its Private International Law: [2005] Sing JLS 189
• Public-private law protective schemes and the conflict of laws: [2004] LMCLQ 313
• Owing, owning and the garnishing of foreign debts: [2003] LMCLQ 418
• On drafting agreements on choice of law: [2003] LMCLQ 389
• The real scope of European rules for choice of law: (2003) 119 LQR 352
• The Duke of Brunswick and defamation by internet: (2003) 119 LQR 210
• Choice of Choice of Law: [2003] LMCLQ 12
• Public Policy in the Conflict of Laws: A Sword and a Shield?: (2002) 6 Sing J. Int & Comp L. 953
• The Revenue Rule in the Conflict of Laws: Time for a makeover: [2001] Singapore J.L.S. 280
• Jurisdiction at common law over restitutionary claims: Rose (ed), Restitution and the Conflict of Laws, ch 2
• In praise and defence of renvoi: (1998) 47 ICLQ 877
• From complexity to anti-climax: restitution and choice of law: [1996] Restitution LR 88
• Choice of law in restitutionary claims: [1995] Restitution LR 94
• Choice of law in Tort and Delict: The Private International Law (Miscellaneous Provisions) Act 1995: [1995] LMCLQ 519
• The international dimension to contribution claims: [1995] LMCLQ 437
• Note on Red Sea Insurance v Bouygues: (1995) 111 LQR 18
• The formation of international contracts: [1990] LMCLQ 192
• Conflict of laws: postponing the future: (1989) 9 Ox JLS 251
• Tort in the conflict of laws: (1989) 105 LQR 359
• Garnishment of an English debt: foreign complications: [1988] LMCLQ 429
• What did Boys v Chaplin decide?: (1983) 12 Anglo-Am LR 237
• Polygamous marriages and English domiciliaries: (1983) 32 ICLQ 737

(d)        Annual surveys

•  Survey of cases on the Brussels Convention in the Court of Justice of the EC: annual volumes of the Yearbook of European Law from 1988 to 1997
• Decisions of British Courts on questions of Private International Law: annual volumes of the British Year Book of International Law European Law from 1996 to 2009

(e)        lectures

•  Secession from the EU and Private International Law: The Cloud with a Silver Lining: https://www.combar.com/wp-content/uploads/2020/02/Prof-Adrian-Briggs-QC-Brexit-lecture-24.1.17.pdf

(f)         other English law

• The Sound of Silence: [2023] LMCLQ 355
• Co-ownership and an Equitable Non-Sequitur (2012) 128 LQR 183
• In defence of manslaughter [1983] Crim LR 764

(g)        Myanmar Contract Law

• Chapters on Myanmar contract law in Volume 2 (Formation and Third Party Beneficiaries; 2018); Volume 3 (Contents of Contract and Unfair Terms; 2020); Volume 4 (Invalidity; 2022); and Volume 5 (Ending and Changing Contracts; due 2023) of Studies in the Contract Laws of Asia (eds Chen-Wishart, Sono and Vogenauer) (Oxford). Volume 6 is forthcoming, but the date is uncertain.