Part II Preliminary Topics, Ch.7 The Proof of Foreign Law
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)
- Pleading foreign law — Consent in the application of foreign law — Witnesses
The established rule is that knowledge of foreign law, 2 even of the law obtaining in some other part of the common law world, is not to be imputed to an English judge. 3 Even though the foreign law is notorious, it has been said that the court cannot take judicial notice of it. 4 Unless the foreign law with which a case may be connected is pleaded by the party relying thereon, it is assumed that it is the same as English law. 5 The onus of proving that it is different, and of proving what it is, lies on the party who pleads the difference. 6 If there is no such...