Applicable law—foreign law

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This Overview considers issues which may arise in cross-border proceedings in which the court is required to determine the substantive issues by application of a foreign law. For information on determining whether foreign law or the laws of England and Wales apply, see:

  1. •

    Determining applicable law in contractual disputes—overview

  2. •

    Determining applicable law in non-contractual disputes—overview

The applicable law is only one consideration when dealing with a cross border dispute. For insight into the various considerations, see: Cross border considerations—checklist.

Foreign law—what is it and its relevance

Foreign law is generally thought of as laws other than those of England and Wales (English law). However, nuances apply such that it is important to determine whether the courts in which the matter is proceeding will regard the laws to be applied as foreign law. Examples include:

  1. •

    laws of Scotland and Northern Ireland

  2. •

    laws of commonwealth countries

  3. •

    EU law

  4. •

    non national systems of law such as Jewish law

In English court proceedings, foreign law is regarded as a question of fact. It will therefore need to be proved by the use of

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