Choice of Law in UK Law

Leading Cases
  • Lawson v Serco Ltd; Botham v Ministry of Defence; Crofts v Veta Ltd
    • House of Lords
    • 27 Enero 2006

    Putting the question in the traditional terms of the conflict of laws, what connection between Great Britain and the employment relationship is required to make section 94(1) the appropriate choice of law in deciding whether and in what circumstances an employee can complain that his dismissal was unfair?

  • Timothy Joseph Lawlor v Sandvik Mining and Construction Mobile Crushers and Screens Ltd
    • Court of Appeal (Civil Division)
    • 22 Abril 2013

    However, one can see the justice of inferring a choice of law in circumstances where it would not reasonably have occurred to the parties to suppose that a different law might apply. It would lack practical sense to require that they should have contemplated that which would not reasonably have occurred to them.

    The objective nature of the test means that the party asserting an implied choice of law has to satisfy the court to the required standard that, on an objective view, the parties must have taken it without saying that their contract should be governed by that law — or, in Lord Diplock's formulation, that the contract taken as a whole points ineluctably to the conclusion that the parties intended it to be governed by that law.

  • Vervaeke (formerly Messina) v Smith
    • House of Lords
    • 07 Abril 1982

    I venture to propose two other possible choices of the law to adjudge this sort of quintessential validity: first, the lex loci celebrationis; and, secondly and to my mind preferably, the law of the territory with which the marriage has the most real and substantial connection.

  • Sulamérica Cia Nacional de Seguros SA and Others v Enesa Engelharia SA and Others
    • Court of Appeal (Civil Division)
    • 16 Mayo 2012

    A search for an implied choice of proper law to govern the arbitration agreement is therefore likely (as the dicta in the earlier cases indicate) to lead to the conclusion that the parties intended the arbitration agreement to be governed by the same system of law as the substantive contract, unless there are other factors present which point to a different conclusion.

  • Whitworth Street Estates (Manchester) Ltd v James Miller and Partners Ltd
    • House of Lords
    • 03 Marzo 1970

  • Boys v Chaplin
    • House of Lords
    • 25 Junio 1969

    The broad principle should surely be that a person should not be permitted to claim in England in respect of a matter for which civil liability does not exist, or is excluded, under the law of the place where the wrong was committed.

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Legislation
  • Private International Law (Miscellaneous Provisions) Act 1995
    • UK Non-devolved
    • 1 de Enero de 1995
    ... ... ; to make further provision as to marriages entered into by unmarried persons under a law which permits polygamy; to make provision for choice of law rules in tort and delict; and for connected purposes. [8th November 1995] ... ...
  • Unfair Contract Terms Act 1977
    • UK Non-devolved
    • 1 de Enero de 1977
    ... ... 6(1)(2)) ... 27: Choice of law clauses ... (1) Where the ... ...
  • Unfair Terms in Consumer Contracts Regulations 1999
    • UK Non-devolved
    • 1 de Enero de 1999
    ... ... 1 ... 9: Choice of law clauses ... These Regulations shall apply notwithstanding any contract term which applies or purports to apply the ... ...
  • Contracts (Applicable Law) Act 1990
    • UK Non-devolved
    • 1 de Enero de 1990
    ... ... (1) The rules of this Convention shall apply to contractual obligations in any situation involving a choice between the laws of different countries. (2) They ... ...
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Form C23
    • HM Courts & Tribunals Service court and tribunal forms
    Standard directions forms under the Children Act.
    ... ... or another kind of examination, you may ask the court to allow a doctor of your ... choice to be at the examination ... What you should do ... Go to a solicitor as soon as you can ... Some solicitors specialise in court proceedings which ... ...
  • Form SSCS4
    • HM Courts & Tribunals Service court and tribunal forms
    Social security and child support forms, including notices of appeal to the Department of Work and Pensions, HM Revenue and Customs and the NHS Business Services Authority.
    ... ... The tribunal will consider any objection they make and we will let you know the outcome ... Now go to Section 5 ... Section 5 ABOUT YOUR CHOICE OF HEARING ... Appeals are considered by an independent panel. We will make arrangements for your appeal to be heard by the panel and ... your ... ...
  • Apply to extend a representation order
    • HM Courts & Tribunals Service court and tribunal forms
    Crown Court forms including the form to extend a representation order.
    ... ... one advocate, or to a QC alone ... Regulation 18 of the Criminal Legal Aid (Determinations by a Court and Choice of Representative) Regulations 2013, as amended ...    Please refer to the Guidance for Practitioners and court staff on applications ... ...
  • Form SSCS2
    • HM Courts & Tribunals Service court and tribunal forms
    Social security and child support forms, including notices of appeal to the Department of Work and Pensions, HM Revenue and Customs and the NHS Business Services Authority.
    ... ... The tribunal will consider any objection they make and we will let you know the ... Now go to Section 7 ... Section 7 ABOUT YOUR CHOICE OF HEARING ... Appeals are considered by an independent panel. We will make arrangements for your appeal to be heard by the panel and ... you, your ... ...
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