Judgment
The Court modified the test in Phillips v Eyre on whether a court can assume jurisdiction over a tort that occurred in another country by requiring "double actionability". Originally the subject matter had to be actionable in both the foreign and local jurisdiction. However, Boys v Chaplin stated that it only had to be "civilly actionable" under the law of the forum; where the lex fori had a much closer connection with the dispute, the lex loci delicti limb of the "double actionability" rule could be disapplied.
Dicey & Morris (RE: flexible exception created): “a particular issue between the parties... may be governed by the law of the country which, in respect to that issue, has the most significant relationship with the occurrence and the parties”
This exception was furthered in Red Sea Insurance v. Bouygues SA 1 A.C. 190 which provided that this exception can displace either the law of the forum or the law of the tort such that a tort may be actionable even though it is not actionable under the lex fori or lex loci delicti.
Read more about this topic: Boys V Chaplin
Famous quotes containing the word judgment:
“When desire, having rejected reason and overpowered judgment which leads to right, is set in the direction of the pleasure which beauty can inspire, and when again under the influence of its kindred desires it is moved with violent motion towards the beauty of corporeal forms, it acquires a surname from this very violent motion, and is called love.”
—Socrates (469–399 B.C.)
“Do not judge, so that you may not be judged. For with the judgment you make you will be judged, and the measure you give will be the measure you get.”
—Bible: New Testament, Matthew 7:1,2.
Jesus.
“Nothing can or shall content my soul
Till I am evened with him, wife for wife,
Or failing so, yet that I put the Moor
At least into a jealousy so strong
That judgment cannot cure.”
—William Shakespeare (1564–1616)