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 plea,...