General Concepts

Question 1

Metal Industries (Salvage) Ltd v Owners of the ST Harle

Answer 1

Characterisation/classification usually decided by lex fori.

• French ship. Sco had jurisdiction. Sco courts held that claim was in relation to tax law

Question 2

Harding v Wealands

Answer 2

Procedure/substance distinction.

Quantification of damages is to be treated as a matter of procedure. Car accident NSW, claim Eng courts. Eng damages applied

Question 3

Pryde v Proctor and Gamble

Answer 3

Damages action Sco. Accident occured in Eng.

Parties must state what foreign law they want to apply and what the law is.

Question 4

Bonnor v Balfour Kilpatrick

Answer 4

Accident in Oman.

Sco courts held that they would not consider Oman law because it had not been presented as an issue.

Question 5

SNO v Thomson’s Executor

Answer 5

Foreign law can be approved by expert evidence.

• case governed by Sweden
• parties disagreed as to what the relevant law of Sweden was
• the court had to decide which of the two experts had the correct view of Swedish law

Question 6

Duke of Wellington’s Executor

Answer 6

Majesty’s dominions: can send a question of law which they are facing to a superior court in the country whose law they want information about