Conflict of Laws in UK Law

Leading Cases
  • Raiffeisen Zentralbank Osterreich AG v Five Star General Trading LLC and Others
    • Court of Appeal (Civil Division)
    • 26 Ene 2001

    The overall aim is to identify the most appropriate law to govern a particular issue. The classes or categories of issue which the law recognises at the first stage are man-made, not natural. They have no inherent value, beyond their purpose in assisting to select the most appropriate law. A mechanistic application, without regard to the consequences, would conflict with the purpose for which they were conceived.

  • Macmillan Inc. v Bishopsgate Investment Trust Plc (No. 3)
    • Court of Appeal (Civil Division)
    • 02 Nov 1995

    However, classification of an issue and rule of law for this purpose, the underlying principle of which is to strive for comity between competing legal systems, should not be constrained by particular notions or distinctions of the domestic law of the lex fori, or that of the competing system of law, which may have no counterpart in the other's system.

  • Buttes Gas and Oil Company v Hammer; Buttes Gas and Oil Company v Hammer (No. 3)
    • House of Lords
    • 29 Oct 1981

    A second version of "act of state" consists of those cases which are concerned with the applicability of foreign municipal legislation within its own territory, and with the examinability of such legislation-often, but not invariably, arising in cases of confiscation of property.

    Leaving aside all possibility of embarrassment in our foreign relations (which it can be said not to have been drawn to the attention of the court by the executive) there are - to follow the Fifth Circuit Court of Appeals - no judicial or manageable standards by which to judge these issues, or to adopt another phrase (from a passage not quoted), the court would be in a judicial no-man's land: the court would be asked to review transactions in which four sovereign states were involved, which they had brought to a precarious settlement, after diplomacy and the use of force, and to say that at least part of these were "unlawful" under international law.

  • Lawson v Serco Ltd; Botham v Ministry of Defence; Crofts v Veta Ltd
    • House of Lords
    • 27 Ene 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?

  • Boys v Chaplin
    • House of Lords
    • 25 Jun 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.

  • Michael Douglas (1st Respondent) Catherine Zeta-Jones (2nd Respondent) Nothern & Shell Plc (3rd Respondent) v Hello Ltd (1st Appellant) Hola S.A. (2nd Appellant) Eduardo Sanchez Junco (3rd Appellant)
    • Court of Appeal (Civil Division)
    • 18 May 2005

    Dicey & Morris on The Conflict of Laws (13 th edition, 2000) Vol II suggest somewhat tentatively, at paragraph 34–029 and following, that a claim for breach of confidence falls to be categorised as a restitutionary claim for unjust enrichment and that the proper law is the law of the country where the enrichment occurred. While we find this reasoning persuasive, it does not solve the problem on the facts of this case.

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