Part III Choice of Law, 9 Pleading and Proof of Foreign Law

Subject(s):

Tort/delict — Pleading foreign law

Chapter 9 demonstrates that pleading and proof of foreign law is not generally mandatory for tortious claims arising out of the external exercise of British executive authority. It reviews the application of English law to tortious claims arising out of the external exercise of British executive authority that is supported by a reading of the Court of Appeal judgment in Belhaj. It also shows that pleading and proof of foreign law is not generally mandatory for tortious claims arising out of the external exercise of British executive authority. The chapter argues that the effect of Brownlie on tortious claims arising out of the external exercise of British executive authority has been that pleading and proof of foreign law is not generally mandatory for such claims. It points out that Belhaj is of dubious authority following Brownlie, although the outcome of Belhaj was correct.