Book contents
- Frontmatter
- Contents
- Table of panels
- List of figures
- Preface
- Acknowledgments
- Terminology
- Table of Latin phrases
- List of abbreviations
- Table of cases
- Table of cases (European Court of Justice, numerical order)
- Table of legislative instruments
- PART I STARTING OFF
- PART II JURISDICTION
- PART III FOREIGN JUDGMENTS
- PART IV PROCEDURE
- PART V CHOICE OF LAW
- 22 Introduction to choice of law
- 23 Torts
- 24 Contracts: the principle of party autonomy
- 25 Contracts: legal policy and choice of law
- 26 Contracts: regulating business, protecting employees and helping consumers
- 27 Foreign currency
- 28 Property: tangible movables
- 29 Contractual rights and property interests – I
- 30 Contractual rights and property interests – II
- 31 Contractual rights and property interests – III
- PART VI EXTRATERRITORIALITY
- Bibliography
- Index
23 - Torts
from PART V - CHOICE OF LAW
- Frontmatter
- Contents
- Table of panels
- List of figures
- Preface
- Acknowledgments
- Terminology
- Table of Latin phrases
- List of abbreviations
- Table of cases
- Table of cases (European Court of Justice, numerical order)
- Table of legislative instruments
- PART I STARTING OFF
- PART II JURISDICTION
- PART III FOREIGN JUDGMENTS
- PART IV PROCEDURE
- PART V CHOICE OF LAW
- 22 Introduction to choice of law
- 23 Torts
- 24 Contracts: the principle of party autonomy
- 25 Contracts: legal policy and choice of law
- 26 Contracts: regulating business, protecting employees and helping consumers
- 27 Foreign currency
- 28 Property: tangible movables
- 29 Contractual rights and property interests – I
- 30 Contractual rights and property interests – II
- 31 Contractual rights and property interests – III
- PART VI EXTRATERRITORIALITY
- Bibliography
- Index
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.
England
The Halley
Privy Council
(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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- Information
- International Commercial LitigationText, Cases and Materials on Private International Law, pp. 530 - 565Publisher: Cambridge University PressPrint publication year: 2009