BPTC Law Notes Commercial Dispute Resolution Notes
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, also...
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Conflict of Laws – Tort
Introduction
Rules governing choice of law:
Common Law Rules
Dissatisfaction led to PI(MP)Act 1995
Still governs:
Defamation claims within scope of s.13 of 1995 Act
Tortious claims occurring before 1st May 1996
Private International (Miscellaneous Provisions) Act 1995
Amended to reflect terms of Rome II
Regulation 864/2007 (Rome II)
Deals with tortious claims occurring after application of regulation
Common Law Rules
If cause of action occurred in England, English law applies
General rule of double actionability:
Must be actionable under forum of place hearing dispute and place of dispute
Phillips v Eyre (1870): 2 limb test
Wrong must be of such a character that actionable in England
Act must not have been justifiable by the law of the place where it is done
Person should not be permitted to claim in England for a matter for which civil liability does not exist in the place where it is committed
Boys v Chaplin [1971]
C and D resident in England; temporarily in Malta and involved in RTA. Law of Malta allowed recovery of loss of earnings, English law allowed extra PSLS
HL said Phillips could be departed from if clear and satisfactory grounds
Can use country’s law which has most significant relationship with the parties
Red Sea Insurance Company Limited v Bouygues SA [1995]
First limb of Phillips not met
Upheld Boys v Chaplin flexibility. Went further by confirming that 1st Limb of Phillips could be departed from in exceptional circumstances
Can bring claim before English court even if no cause of action in English law
Rome II
Introduction:
Used when an English court is deciding a common law issue in tort
Applies in all MS other than Denmark
Attempt to harmonise between MS
Material scope
Conflicting laws
Non-contractual obligations
Art 2: tort, delict, unjust enrichment, agency without authority, culpable conduct during contract negotiations
Civil and commercial matters
Exceptions:
Family relationships
Matrimonial property regimes
Bills of exchange and promissory notes
Law of companies
Trusts, etc.
Nuclear damage
Violations of privacy rights
Does not relate to evidence/procedure
Temporal Scope
Events giving rise to damage after Regulation entered into force
Here – on/after 11th January 2009
Applicable law
Art 3 – any law under Rome II will apply. Does not have to be the law of an MS
Freedom of choice used – article 14
Parties may apply if:
Agreement entered after event giving rise to damage occurred; OR
Before the event and both parties are (i) pursuing commercial activity and (ii) freely negotiated the choice of law
Limitations:
Must be expressly stated OR demonstrable by circumstances
Must not prejudice rights of a third party
Court can apply provisions which cannot be derogated by agreement
If all elements relevant to the situation are in a country other than the one whose law is chosen, cannot derogate from that country’s provisions
If not above, cannot derogate from Community...
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A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, also...
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