Author: FORSYTH, CHRISTOPHER

Source: Journal of Private International Law, Volume 2, Number 2, October 2006 , pp. 425-431(7)

Publisher: Hart Publishing

Abstract:

Society of Lloyd's v. Price and Lee [2006] SCA 87 (RSA) concerns the enforcement in South Africa of default judgments obtained by the Society of Lloyd's in London against “names” resident in South Africa. After South African first instance courts had expressed differing views, the South African Supreme Court of Appeal applied the relevant English prescription / limitation rule of six year period since judgment (which had not elapsed) rather than the three year period of South African law (which had elapsed). In reaching this conclusion the SCA unequivocally adopted the “via media” approach to the characterisation of the relevant rules of English and South African law. The judgment of the SCA is sensitive to the need to foster uniformity of decision in conflicts of laws cases. The article commends this approach to this thorny issue and the rejection of the mantra that characterisation is governed by the lex fori. The article also discusses the proper approach to the problems of “gap” and “cumulation” which can arise in these situations.

Keywords: Characterisation; prescription; limitation; cumulation; gap; via media approach; uniformity of decision

Document Type: Research article

Publication date: 2006-10-01

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.
• Editorial Board
• Information for Authors
• Subscribe to this Title
• Information for Advertisers
• Contents
• Sample Paper
• Email Alerts (Hart books and journals)
• ingentaconnect is not responsible for the content or availability of external websites

Related content

• In this: publication
• By this: publisher
• In this Subject: Law ,  Political Science ,  Social Science (General)
• By this author: FORSYTH, CHRISTOPHER

Website © Publishing Technology. Article copyright remains with the publisher, society or author(s) as specified within the article.

• Terms and conditions
• Privacy policy
• Information for advertisers