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23 - Torts

from PART V - CHOICE OF LAW

Trevor C. Hartley
Affiliation:
London School of Economics and Political Science
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Summary

England: historical development

Choice of law for torts has had a long and interesting history in England, a history that illustrates many of the issues and problems in choice of law. We start by looking at some key cases.

  1. England

  2. The Halley

  3. Privy Council

  4. (1868) LR 2 PC 193

Background

A British ship had collided with a Norwegian ship in Belgian waters. At the time of the collision, the British ship was under the control of a pilot. Under Belgian law, the British ship was obliged to take the pilot on board and give him control of the ship. Nevertheless, under Belgian law, the owner of the British ship was responsible for the consequences of the pilot's negligence. Under English law, on the other hand, a shipowner was not responsible for the negligence of a compulsory pilot. The owner of the Norwegian ship brought an action in rem against the British ship in England. The Court of Admiralty held that the action could be founded on Belgian law. The defendant (the British ship owner) appealed to the Privy Council.

Lord Justice Selwyn

[T]he liability of the Appellants, and the right of the Respondents to recover damages from them, as the owners of the Halley, if such liability or right exists in the present case, must be the creature of the Belgian law; and the question is, whether an English Court of Justice is bound to apply and enforce that law in a case, when, according to its own principles, no wrong has been committed by the Defendants, and no right of action against them exists. […]

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International Commercial Litigation
Text, Cases and Materials on Private International Law
, pp. 530 - 565
Publisher: Cambridge University Press
Print publication year: 2009

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  • Torts
  • Trevor C. Hartley, London School of Economics and Political Science
  • Book: International Commercial Litigation
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511808739.024
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  • Torts
  • Trevor C. Hartley, London School of Economics and Political Science
  • Book: International Commercial Litigation
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511808739.024
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Torts
  • Trevor C. Hartley, London School of Economics and Political Science
  • Book: International Commercial Litigation
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511808739.024
Available formats
×