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Conflict Of Laws – Tort Notes

BPTC Law Notes > Commercial Dispute Resolution Notes

This is an extract of our Conflict Of Laws – Tort document, which we sell as part of our Commercial Dispute Resolution Notes collection written by the top tier of City Law School students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Commercial Dispute Resolution Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Conflict of Laws - Tort IntroductionRules governing choice of law: o Common Law Rules
? Dissatisfaction led to PI(MP)Act 1995
? Still governs:

o?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) o 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: o Must be actionable under forum of place hearing dispute and place of dispute o 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 o 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 o 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 o 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 1 st 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 IIIntroduction: o Used when an English court is deciding a common law issue in tort o Applies in all MS other than Denmark o Attempt to harmonise between MSMaterial scope o Conflicting laws o Non-contractual obligations
? Art 2: tort, delict, unjust enrichment, agency without authority, culpable conduct during contract negotiations o Civil and commercial matters
? Exceptions:?Family relationships Matrimonial property regimes Bills of exchange and promissory notes

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