Part III Choice of Law, 8 Law Governing Defences

Subject(s):

Tort/delict — Jurisdiction and the English courts — Defences to enforcement — Statutes of limitation

Chapter 8 looks at the defences to tortious liability arising out of the external exercise of British executive authority. It shows that some defences are governed by English law and that the existence and operation of some defences reflect a conception of tortious claims arising out of the external exercise of British executive authority as claims that concern public acts of the UK. It also demonstrates that the Crown act of state defence is not a defence to tortious liability, but a rule of subject-matter jurisdiction. The chapter talks about the law that prescribes the facts that are for the defendant to prove which, even if the claimant has established the elements of the cause of action, will negate the defendant’s prima facie liability. It reviews choice-of-law problems raised by tortious claims arising out of the external exercise of British executive authority by advancing four arguments.