Drawing Inspiration? Reconsidering the Procedural Treatment of Foreign Law

Kirsty J. Hood

Advocate at the Scottish Bar

JPrivIntL Vol 2 Issue 1 (April 2006)

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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