header-logo header-logo

11 June 2010
Issue: 7421 / Categories: Case law , Law digest
printer mail-detail

Conflict of laws

Blue Sky One Ltd and others v Mahan Air and another, PK Airfinance US Inc v Blue Sky Two Ltd and others [2010] EWHC 631 (Comm), [2010] All ER (D) 02 (Jun)

The doctrine of renvoi did not apply to the transfer of title to tangible moveables as a class. To leave the applicability to a case by case analysis depending on the circumstances would lead to an uncertain regime and such uncertainty was particularly undesirable in a commercial context.

The doctrine was difficult to apply because it made everything turn on the doubtful and conflicting evidence of foreign experts about the private international rules of the foreign system under consideration. Where there was insufficient or unsatisfactory evidence as to the position under a foreign applicable law, the court might have to rely on the presumption that the applicable law and the law of the forum were the same.
 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
back-to-top-scroll