#15721 - Conflict Of Laws In Contract - Advanced Commercial Litigation

Advanced Commercial Litigation

Conflict of Laws

Contractual Cases

Tortious Cases

Common Law

Only defamation cases will be heard under the common law, in order to establish that English law should be the governing law, the claimant must show the following:

• Phillips v Eyre established the double actionability rule and established a two part test, the claimant has to show:

  The tort is actionable under the law of the forum (i.e. England)

  The tort is not justifiable under the law of the country in which it was committed.

However, the above rules can be relaxed under following these two cases:

• Boys v Chaplin stated that in exceptional circumstances the second question could be departed from if there were ‘clear and satisfactory grounds’ for doing so.

• Red Sea Insurance v Bouygues stated that the first question could be departed from and the case could be governed by the law of...