Case management of foreign law disputes after Brownlie

The Commercial Court has just released its 2022 Guide (found here). The new focus on the post-Brownlie approach to foreign law disputes is immediately mentioned in the Introduction: There are two other areas to which the judges of the Court would particularly draw attention. The first is the consideration which is given to the options…

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Appeals against findings of foreign law

The appeal courts have repeatedly emphasised that a dissatisfied party seeking to overturn a finding of fact will face an uphill battle. Central to this analysis is the trial judge’s role as the master of fact-finding. The trial judge carries out this role in an atmosphere and setting which simply cannot be recreated on an…

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No foreign law evidence? No problem.

In Soriano v Forensic News LLC & Ors [2021] EWCA Civ 1952, the Court of Appeal considered an appeal relating to service abroad in a cross-border claim for libel (and various other things). It raised issues about s. 9 of the Defamation Act 2013, which contains a special test for jurisdiction over libel claims against…

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Brownlie II mini-series: (3) Foreign law

This is the third and final instalment in our Brownlie II mini-series. The judgment can be found here. Our first article on the background and decision itself is here. The second article on the future implications of the tort gateway ruling can be found here. In this third article, Patrick Vincent QC considers the many…

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Judgment in Scots law mesothelioma claim

Judgment was handed down in Haggerty-Garton & Ors v Imperial Chemical Industries Ltd [2021] EWHC 2924 (QB) yesterday following a two-day assessment of damages hearing before Ritchie J. This was an unusual fatal mesothelioma claim where the applicable law was Scots law. Judgment for the First Claimant, Charmaine Haggerty-Garton (the widow), was given in the…

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Brownlie II mini-series: (1) The decision

A week ago, the Supreme Court gave its much anticipated second ruling in the Brownlie litigation. The background to this important decision should be familiar by now. Those wanting a refresher can see our earlier blogs on the last Supreme Court decision, the High Court’s decision in the reconstituted litigation, and the Court of Appeal’s…

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