The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note sets out when the common law of England and Wales applies to determine the applicable law in respect of contract claims. It sets out the common law and how it is applied.
When determining a contractual dispute it is important to know the law of the country that is to be applied by the courts to determine that dispute. This is known as the applicable law, governing law or proper law. The rationale for there to be a proper law of a contract was explained in the dictum of Lord Diplock in Amin Rasheed v Kuwait Insurance as follows:
‘My Lords, contracts are incapable of existing in a legal vacuum. They are mere pieces of paper devoid of all legal effect unless they were made by reference to some system of private law which defines the obligations assumed by the parties to the contract by their use of particular forms of words and prescribes the remedies enforceable in a court of justice for failure to perform any of those obligations …’
It is rare that the courts will apply the common law to determine the applicable law.
When determining the applicable law for contract claims there are a number of potential applicable law regimes and the regime that is applied by the
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a
Summary assessment—statement of costsSummary assessment is the procedure whereby costs are assessed by the judge who has heard the case or application (see Practice Note: Summary assessment). This Practice Note considers the use of a statement of costs in summary assessment. Form N260 is a model
Commercial Property Standard EnquiriesThe Commercial Property Standard Enquiries (CPSE) have become the industry standard pre-contract enquiries for commercial property transactions:•CPSE.1 (version 3.8) General pre-contract enquiries for all commercial property transactions•CPSE.2 (version 3.4)
Nuisance—establishing a claim for private nuisancePrivate nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land, usually by noise or smell or by the causing of actual physical damage to their property. In
0330 161 1234