Morris: The Conflict of Laws

Citation

McClean, D. (2025). Morris: The Conflict of Laws (11th ed.). Sweet & Maxwell.

Chapter Summary

Morris: The Conflict of Laws is a textbook on private international law as applied by the courts of England. The eleventh edition, published by Sweet & Maxwell in 2025, runs to about 535 pages in paperback and is edited by David McClean, with Verónica Ruiz Abou-Nigm credited as a co-author in library records. The publisher describes it as having been, for more than half a century, one of the leading textbooks on the conflict of laws, covering all the main aspects of the subject. It traces the development of the ideas and fundamental principles of the field and examines the current practice of the English courts. The sections below follow the topic areas that the publisher names for this edition.

Principles, Theory and Method

Morris has always combined an examination of the theoretical basis and methodology of the subject with a clear exploration of increasingly complex rules, in the publisher's words. The book is therefore meant to explain why the English rules look as they do, as well as what they are. For this edition the publisher notes a thorough reworking of material on topics as varied as the act of state doctrine and parentage, designed to help the reader reach a critical understanding.

Jurisdiction

The publisher reports extensive changes in the material on jurisdiction. They follow the rejection of the United Kingdom's application to rejoin the Lugano Convention, and they include the Hague Choice of Court Convention and the further development of the English rules on service out of the jurisdiction. For a student, this is the area where the post-Brexit rules differ most from older European-based accounts.

Recognition of Foreign Judgments

New material covers the recognition of foreign judgments, following the coming into effect in the United Kingdom of the Hague Judgments Convention. The topic is part of the book's account of what happens when a judgment given in one country is relied on in another.

Family Law and Children

The publisher describes substantial changes in international family law, where the Hague Child Protection Convention has become a central feature of English practice. This is the main part of the book concerned with children and cross-border family disputes.

Commercial Law and the Rome Regulations

Continued attention is given to the Rome Regulations, described as the assimilated EU legislation central to many aspects of international commercial law. The Regulations deal with which country's law applies, and the edition keeps pace with how they now operate in English law.

The Hague Conference and the Post-Brexit Setting

In many parts of the book the publisher notes a greater emphasis on the work of the Hague Conference on Private International Law, whose conventions are increasingly reflected in English law as the influence of EU law has declined. The edition also incorporates new case law, including thirteen decisions of the UK Supreme Court.

Key Concepts

Topic Areas Named by the Publisher

• Conflict of laws (private international law): the rules on jurisdiction, applicable law and foreign judgments in cases with an international element.
• Jurisdiction and service out: when English courts will hear a case and how proceedings are served abroad.
• Hague conventions: the Choice of Court, Judgments and Child Protection Conventions now central to English practice.
• Rome Regulations: assimilated EU legislation central to many aspects of international commercial law.
• Recognition of foreign judgments: when a judgment given elsewhere is given effect in England.
• Act of state and parentage: topics reworked in this edition.

Critical Analysis

Strengths

• Long track record. The publisher describes Morris as a leading textbook for more than half a century, and the title has been carried forward by successive editors.
• Rules and theory together. It combines a discussion of theory and methodology with the rules, which suits students who must explain why the rules exist.
• Current to the post-Brexit setting. The edition addresses the UK's departure from the EU, the Lugano Convention outcome and the Hague Judgments Convention.
• Case-law coverage. The edition adds thirteen UK Supreme Court decisions, which reflects the growing practical importance of the subject.
• Student-friendly format. It is a single paperback textbook of moderate length for a subject that has several large reference works.

Limitations

• Compact. At about 535 pages, a student writing a dissertation or working on a complex point will need to consult a larger reference work.
• Fast-moving law. Many of the edition's changes concern conventions and regulations that have only recently come into force, so details should be checked against current sources.
• England-centred. The book is about the English rules, so comparative or other national systems need other sources.

Where It Fits in the Course

Morris is the middle-weight student textbook among the conflict of laws books on the list. Briggs's The Conflict of Laws is an undergraduate-level introduction and the gentler first read; Morris is the fuller account to take into a final-year or postgraduate course. Two larger works go deeper: Cheshire, North & Fawcett: Private International Law is the long-established treatise on the English rules, and Briggs's Private International Law in English Courts is a single-author treatise rebuilt after the UK left the European Union. Hartley's International Commercial Litigation is a text, cases and materials book that compares English and EU law with United States and Commonwealth approaches, and is a good complement for commercial disputes.

A sensible order is Briggs's introduction, then Morris as the main course text, with Cheshire, North & Fawcett or Briggs's treatise for dissertation-level depth.

How to Use This Book

The book is aimed, in the publisher's words, at law students at undergraduate and postgraduate level and at practising lawyers. Prior study of contract, tort and the English legal system is useful, and some knowledge of family and property law helps.

A practical plan:

• Start with principles. Read the opening treatment of the subject and its method before the detailed rules.
• Study jurisdiction and applicable law next. These make up the heart of most courses, and the edition's changes are concentrated there.
• Add recognition of judgments and family law as the syllabus requires. Use the Hague material in these parts to connect English rules with international instruments.
• Read the instruments and cases. Work through the leading Supreme Court decisions and the conventions or regulations discussed.
• Check currency. Because the law has moved quickly since Brexit, confirm statements against the latest legislation and case law.