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2 Tools and Techniques

Adrian Briggs

From: Private International Law in English Courts 2e (2nd Edition)

Prof Adrian Briggs

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 15 April 2024

Public policy — Substance and procedure — EU Rules — Pleading foreign law — Law of the country of domicile — Statutes of limitation

This chapter examines the common law principles of the conflict of laws which served and serve to guide the English court to the application of foreign law to issues which it has to decide. But the point of departure is to examine how foreign law is actually applied by an English judge, in order to understand the strengths and weaknesses of the way it is done. It then returns to the characterization of issues (ascertaining the nature of the question to be answered), and of renvoi (asking whether the law to be applied includes its own rules of private international law). The connecting factors, linking an issue to a law, are then summarized. The common law of domicile, the lex domicilii, is examined, and there is a more detailed probing of the operation of statues in the English conflict of laws. The distinctive treatment for issues of procedure, and for the limitation of actions, are examined. The treatment of issues which would appear to be governed by foreign penal laws, revenue laws, and other governmental laws, precedes an examination of the role of English public policy in preventing the application of a rule of foreign law which would otherwise be applicable. Finally, the chapter lists the rules of EU law which are revoked and retained, and for the latter, the principles which accommodate and refine their application by an English court after 31 December 2020.

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