2
Characteristics of the English

Late development

Compared with other branches of English law, a systematic body of rules on the conflict of laws only came into being at a comparatively late stage. The earliest cases appear to have concerned the enforcement of foreign judgments.1 An eighteenth-century case, which is still of binding authority, concerned the validity of a foreign marriage.2 Lord Mansfield, who, more than any judge, was connected with the development of a body of commercial law in the latter half of the eighteenth century, gave judgments concerning foreign contracts,3 torts4 and the duty to give effect to, and sometimes to deny effect to, foreign laws.5

It can be said with some confidence that the subject began to burgeon in the latter part of the nineteenth century, which at the same time saw the development (after 1857) of family law and the coming into existence of a coherent body of commercial law, since that period witnessed a rapid expansion of international trade and financial transactions. In those years, the courts evolved more sophisticated rules as regards domicile, the validity of marriages and recognition of foreign legitimations, formulated the modern doctrine of the proper law of the contract, laid down the rule governing liability for torts committed abroad and adopted clear rules and principles for the recognition and enforcement of foreign judgments. In order to formulate these principles the English courts had to rely more on the writings of jurists than was usual with them; Huber and the American Story J are notable examples. These were also foreign jurists, for it was not until A. V. Dicey published his Conflict of Laws in 1896, that any English writer attempted to set down the existing rules in a systematic fashion and to formulate a theoretical basis for them and to extract coherent principles from them.

____________________
1
Wier'S case (1607) 1 Rolle Ab. 530 K 12.
2
Scrimshire v. Scrimshire (1752) 2 Hagg. Con. 395.
3
Robinson v. Bland (1760) 2 Burr. 1077.
4
Mostyn v. Fabrigas (1774) 1 Cowp. 161.
5
Holman v. Johnson (1775) 1 Cowp. 341.

-8-

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Conflict of Laws
Table of contents

Table of contents

  • Title Page *
  • Contents v
  • Preface to the Third Edition vii
  • Table of Statutes viii
  • Table of Cases xxiv
  • Part I - General Principles 1
  • 1 - Introduction 3
  • 2 - Characteristics of the English 8
  • 3 - Choice of Law Rules 11
  • 4 - Proof of Foreign Law 33
  • 5 - Domicile and Residence 37
  • 6 - Substance and Procedure 60
  • Part II - Jurisdiction and Foreign Judgments 69
  • 7 - Jurisdiction of the English Courts 71
  • 8 - Staying of English Actions and Restraint of Foreign Proceedings 84
  • 9 - Foreign Judgments 109
  • 10 - Jurisdiction and Judgments in the European Union and Efta 131
  • 11 - Arbitration 179
  • Part III - Law of Obligations 187
  • 12 - Contract 189
  • 13 - Tort 220
  • Part IV - Property and Succession 241
  • 14 - Property Inter Vivos 243
  • 15 - Succession 268
  • 16 - Matrimonial Property Relations 277
  • 17 - Trusts 286
  • Part V - Family Law 293
  • 18 - Marriage 295
  • 19 - Matrimonial Causes 319
  • 20 - Children 334
  • Part VI - Exclusion of Foreign Laws 359
  • 21 - Public Policy 361
  • Part VII - Theoretical Considerations 375
  • 22 - Reasons for and Basis of the Conflict of Laws 377
  • 23 - Public International Law and the Conflict of Laws 386
  • Index 395
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