Part II Preliminary Topics, Ch.4 The Incidental Question
J J Fawcett LLB, PhD, Solicitor, J M Carruthers LLB (Hons), Dip LP, PhD, SolicitorEdited By: Sir Peter North CBE, QC, MA, DCL, FBA
James J Fawcett, Janeen M CarruthersEdited By: Sir Peter North (Consultant Editor)
- Choice of law
A case involving private international law may place a subsidiary issue, as well as a main question, before the court. Once the relevant choice of law rule has been applied and the law to govern the main issue thereby determined, a further choice of law rule may be required to answer the subsidiary question affecting the main issue. This problem may be illustrated as follows. Suppose that W claims rights of intestate succession to H’s immovables in Italy. According to English rules of private international law, this falls to be determined by Italian law as the law...