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.
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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 
? 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 
? 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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