Q&As

What applicable law rules do the courts of England and Wales use to determine the applicable law for a tortious act that occurred in Denmark?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 02/05/2019

The following Dispute Resolution Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • What applicable law rules do the courts of England and Wales use to determine the applicable law for a tortious act that occurred in Denmark?

Where a person has suffered damage abroad through a tortious act and wishes to bring proceedings to recover compensation for that damage in the courts of England and Wales, the case of Chaplin v Boys confirmed that, in order for such a claim to be brought, the claim had to be actionable under the law of the country in which the damage was sustained (the lex loci delicti) as well as under English law. Where such test was satisfied, liability and the assessment and award of damages was determined under English law, though the remedy to make good the damage was a matter for the law of the foreign country. This rule was subject to certain exceptions, allowing the claim to proceed even if not actionable under the law of the foreign country.

Statute then intervened, Parliament enacting the Private International Law (Miscellaneous Provisions) Act 1995 (PIL(MP)A 1995). PIL(M

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