Foreign Torts - Tort Law

In terms of foreign torts, the UK has adopted choice of law rules that have questions of tort principally governed by the law of the place where it occurred (the lex loci delicti), for both ‘intranational’ and international cross-border torts, since the shift to the lex loci delicti rule came by statute in the form of Part III of the Private International Law (Miscellaneous Provisions) Act (‘PIL(MP)A’) 1995.

But it is Section 11 that provides the general rule that “the applicable law is the law of the country in which the events constituting the tort or delict in question occur”. Therefore, if elements of a personal injury claim occur in more than one country then the governing law is the law where the injury was sustained, whilst a claim for damage to property will also be the law of the place where the property was damaged.

However, in all other cases the governing law is “the law of the country in which the most significant element ... occurred” – so that this means that Section 11’s general rule is then subject to an exception under Section 12 in keeping with the decisions in Protea Leasing Limited v. Royal Air Cambodge Company Limited [2002] EWHC 2731 (Comm) and Morin v. Bonhams & Brooks [2004] 1 All ER (Comm) 880.

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