Part I Introduction, 1 Introduction

Subject(s):

Tort/delict — Jurisdiction and the English courts — Recognition and enforcement of foreign judgments — Damages and recovery

Chapter 1 provides a background on issues raised by tortious claims arising out of the external exercise of British executive authority by separating them into issues concerning jurisdiction, choice of law, and foreign judgments. It deals with the jurisdiction of English courts to hear and decide tortious claims arising out of the external exercise of British executive authority. It also reviews the choice-of-law issues raised by tortious claims arising out of the external exercise of British executive authority that pass the hurdles of the Crown and foreign act of state doctrines. The chapter considers tortious claims as different from other kinds of claims arising out of the external exercise of British executive authority. It describes tortious claims as belonging to private law even where their aim is to vindicate fundamental rights and control the exercise of executive authority.