Part III Choice of Law, 5 Torts in Foreign Relations and Choice of Law

Subject(s):

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

Chapter 5 explores the theoretical justifications for the application of foreign law in general to tortious claims. It demonstrates that the explanation for subjecting such claims to the choice-of-law process lies in the fact that English law regards them as private law claims that concern personal wrongs of UK government officials and in Dicey’s equality principle. It also highlights the application of the lex loci delicti to tortious claims that rests on the principles of territoriality and pragmatism. The chapter presents the formalistic and substantive kinds of explanations to address why tortious claims arising out of the external exercise of British executive authority are subjected to the choice-of-law process. It mentions three main justifications for the application of foreign law: the ideas of justice, convenience, fairness, and appropriateness; parties’ legitimate expectations; and decisional harmony.