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In: The international & comparative law quarterly: ICLQ, Band 55, Heft 4, S. 839-878
ISSN: 1471-6895
AbstractSince 1994, Canada, the United Kingdom and Australia have adopted new choice of law rules for cross-border torts that, in different ways, centre on the application of the law of the place where the tort occurred (thelex loci delicti). All three countries abandoned some species of the rule inPhillips v Eyre, which required some reference to the law of the forum (thelex fori) as well as thelex loci delicti. However, predictions were made that, where possible, courts in these countries would continue to show a strong inclination to apply thelex foriin cross-border tort cases—and would use a range of homing devices to do so. A comprehensive survey and analysis of the cases that have been decided under the Australian, British and Canadianlex loci delictiregimes suggests that courts in these countries do betray a homing instinct, but one that has actually been tightly restrained by appeal courts. Where application of thelex foriwas formally allowed by use of a 'flexible exception' in Canada and the United Kingdom, this has been contained by courts of first appeal. Indeed, only the continuing characterization of the assessment of damages as a procedural question in Canada and the United Kingdom, seems to remain as a significant homing device for courts in these countries.
In: Law and ReligionCurrent Legal Issues 2001 Volume 4, S. 509-528
In: Routledge Research in Legal Ethics
In: Routledge Research in Legal Ethics Ser.
The study of legal ethics and the legal profession has emerged as a distinct and important field of scholarship over the years. This book offers contemporary and non-mainstream perspectives on the shape of the legal profession. It examines how the public sees lawyers and how lawyers see their own profession
In: (2019) 47(3) Federal Law Review 420
SSRN
In: Routledge Research in Legal Ethics
In: Routledge Research in Legal Ethics Ser.
Offers a comprehensive review of legal ethics as an international movement. This title features contributions from many of the key participants to the legal ethics field from all over the world and many of the recognised thinkers, taking stock of legal ethics practice and scholarship