Author: HOOD, KIRSTY J.

Source: Journal of Private International Law, Volume 2, Number 1, April 2006 , pp. 181-194(14)

Publisher: Hart Publishing

Abstract:

This review article re-examines the handling of foreign law in England and in Scotland, in the light of the comparative study of the procedural treatment of foreign law in six jurisdictions carried out by Dr Sofie Geeroms in her monograph, Foreign Law in Civil Litigation: A Comparative and Functional Analysis. In the article, firstly, the current position in both England and Scotland is briefly sketched, acknowledging that criticism may be levelled at certain aspects of the approach adopted in these jurisdictions. Then the scope of Dr Geeroms' monograph is outlined, and some of the issues studied, and conclusions reached, by her are briefly summarised: in particular, Dr Geeroms has concluded that there is no ideal, universal, procedural treatment of foreign law, and suggests that the best that can be done is largely to equiparate the handling of domestic and foreign law. Accordingly, it is then examined in this article whether steps could be taken within the framework of current English, and Scottish, procedure, in order to ensure that foreign law is more effectively handled.

Keywords: Procedural Treatment of Foreign Law; Pleading of Foreign Law; Proof of Foreign Law; Comparative Law

Document Type: Research article

Publication date: 2006-04-01

More about this publication?

• Hart Publishing launched the Journal of Private International Law (J. Priv. Int. L.) in spring 2005. The journal covers all aspects of private international law, reflecting the role of the European Union and the Hague Conference on Private International Law in the making of private international law, in addition to the traditional role of domestic legal orders.
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