This collection of essays contains in-depth analyses of eighteen landmark cases in private international law, from Penn v Lord Baltimore in 1750 to Brownlie v FS Cairo (Nile Plaza) LLC in 2021. The contributors are experts drawn from academia and practice as well as from the bench.
Case law has been a central driver in the legal development of the English conflict of laws. Judge-made law does not just supply a source of law itself but also acts as the crucible in which other sources of law – legislation, international Treaty, European regulation, and ideas generated by jurists such as Joseph Story and Albert Venn Dicey – have been tested and applied.
This book sheds new light on the past and future evolution of private international law by focusing on the landmark cases which have fundamentally shaped the way that we think about this subject. The focus is on the English common law, but landmarks in Scotland, Australia and Canada are covered as well. Many of them concern disputes between commercial parties; others deal with issues such as marriage and domicile; and some arise from controversies in political, constitutional and international affairs.
The landmark cases tackled in this collection address significant issues in civil jurisdiction, governing law, foreign judgments, and public policy. The essays place those landmarks in their historical context, explain their contemporary importance, and consider their future relevance.
Foreword Preface List of Contributors Table of Cases Table of Legislation 1. Penn v Lord Baltimore, Paul Mitchell (University College London, UK) 2. Peninsular and Oriental Steam Navigation Co v Shand and Lloyd v Guibert (1865), Adrian Briggs (University of Oxford, UK) 3. Bell v Kennedy (1868) and Udny v Udny (1869), Elizabeth Crawford (University of Glasgow, UK) and Janeen Carruthers (University of Glasgow, UK) 4. Godard v Grey and Schibsby v Westenholz (1870), Joshua Folkard (Twenty Essex, UK) and Ian Bergson (Fountain Court Chambers, UK) 5. Phillips v Eyre (1870), Uglješa Grušic (University College London, UK) and Alex Mills (University College London, UK) 6. Abouloff v Oppenheimer (1882), Louise Merrett (University of Cambridge, UK) 7. AM Luther Co v James Sagor & Co (1921), Sir David Foxton (King’s Bench Division, UK) 8. Government of India v Taylor (1955), Alexander Layton KC (Twenty Essex, UK) 9. Taczanowska v Taczanowski (1957), Máire Ní Shúilleabháin (University College Dublin, Ireland) 10. The Eleftheria (1969), William Day (3 Verulam Buildings, UK) 11. Spiliada Maritime Corp v Cansulex Ltd (The Spiliada) (1987), Edwin Peel (University of Oxford, UK) 12. Societe Nationale Industrielle Aerospatiale v Lee Kui Jak (1987), Trevor Hartley (London School of Economics, UK) 13. Morguard Investments Ltd v De Savoye (1990), Stephen Pitel (Western Law, Canada) 14. Akai Ptd Ltd v The People’s Insurance Company Ltd (1996), Mary Keyes (Griffith University, Australia) 15. Canada Trust Co v Stolzenberg (No 2) (1998), Pippa Rogerson (University of Cambridge, UK) 16. Fiona Trust & Holding Corp v Privalov (2007), Sir Marcus Smith (Chancery Division, UK) 17. Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb (2020), David Joseph KC (Essex Court Chambers, UK) 18. Brownlie v Four Seasons Holdings Inc (2017) and Brownlie v FS Cairo (Nile Plaza) LLC (2021), Benjamin Phelps (2 Temple Gardens, UK) 19. Future Landmarks: Scanning the Horizon, Andrew Dickinson (University of Oxford, UK)
William Day is a Barrister at 3 Verulam Buildings and Fellow of Downing College, University of Cambridge, UK. Louise Merrett is a Barrister at Fountain Court Chambers and Professor of International Commercial Law at the University of Cambridge, UK.
