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Dealing with foreign law issues (Edgeworth Capital v Maud)

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Published on: 17 August 2015

Published by a LexisNexis Dispute Resolution expert

Table of contents

Practical implications
Facts
Do the summary judgment principles apply to foreign law?
Spanish law
The application of English law
Other issues raised
Court details

Article summary

Dispute Resolution analysis: Mr Justice Leggatt has confirmed that summary judgment maybe sought when dealing with a dispute as to foreign law. The decision extends the principle dealing with disputes as to English law addressed in Easy Air, however, the courts will be cautious in allowing such an application. The application in this case revolved around the construction of art 97.2 of the Spanish Insolvency Act. While the questions raised remained unanswered, the judgment enforces the need to ensure that foreign law issues are addressed by expert evidence and that there is compliance with the relevant CPR provisions.

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