Dealing with foreign law issues (Edgeworth Capital v Maud)

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.