Choice of Law in UK Law

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

    The first is that, even if the agreement forms part of a substantive contract (as is commonly the case), its proper law may not be the same as that of the substantive contract. The second is that the proper law is to be determined by undertaking a three-stage enquiry into (i) express choice, (ii) implied choice and (iii) closest and most real connection.

    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.

    Although there are powerful factors in favour of an implied choice of Brazilian law as the governing law of the arbitration agreement, two important factors point the other way. The first is that identified by Toulson J. in XL Insurance v Owens Corning.

  • 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.

  • 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.

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

    I must say that I had thought that it is now well settled that it is not legitimate to use as an aid in the construction of the contract anything which the parties said or did after it was made. Otherwise one might have the result that a contract meant one thing the day it was signed, but by reason of subsequent events meant something different a month or a year later.

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Legislation
  • The Solvency 2 Regulations 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... 2019/407), regs. 1(2), 9(6) (as amended by S.I. 2020/1385, regs. 1(2), 54(2) and S.I. 2019/680, regs. 1(3), 10(4)(f) (with reg. 11)) ... Choice of method ... (1) Where the PRA is the group supervisor of a group, the PRA must consult the group F87and the FSC, if the FSC is concerned in the ... ...
  • Private International Law (Miscellaneous Provisions) Act 1995
    • UK Non-devolved
    • 1 de Enero de 1995
  • Unfair Contract Terms Act 1977
    • UK Non-devolved
    • 1 de Enero de 1977
    ... ... 15), s. 100(5), Sch. 4 para. 23; S.I. 2015/1630, arts. 3(g), 4(c) (with art. 6(1)(2)) ... 27: Choice of law clauses ... (1) Where the F19law applicable to a contract is the law of any part of the United Kingdom only by choice of the parties (and ... ...
  • Contracts (Applicable Law) Act 1990
    • UK Non-devolved
    • 1 de Enero de 1990
    ... ... Scope of the Convention ... (1) The rules of this Convention shall apply to contractual obligations in any situation involving a choice between the laws of different countries ... Annotations: Commencement Information # I9 Schedule 1 wholly in force at 1.4.1991 see s. 7 and S.I ... ...
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Emergency Protection Order (Section 44 Children Act 1989)
    • 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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