Advanced Commercial Litigation
What are the three cases for common law tortious conflict of laws? - ANS 1. Phillips v
Eyre
2. Boys v Chaplin
3. Red Sea Insurance
What is the ratio of Phillips v Eyre? - ANS a cause of action must be 'doubly
actionable' i.e. justiciable under both courts
What is the ratio of Boys v Chaplin? - ANS if there are clear and satisfactory grounds
to depart from double actionability should apply law of country with most significant
relationship to the parties
What is the ratio of Red Sea Insurance? - ANS the Boys v Chaplin exception can also
apply in favour of applying the laws of the country in which the tort was committed
What case is important with regards anti-suit injunctions? - ANS Turner v Grovit
What is the ratio of Turner v Grovit? - ANS anti-suit injunctions cannot be used in EEA
courts
What are the four key concerns when forum-shopping? - ANS 1. costs and fees
2. evidence
3. procedure
4. remedies and enforcement
What are the three cases important for negligent misstatement? - ANS 1. Hedley
Byrne v Heller
2. Caparo v Dickman
3. ADT Ltd. v BDO
What is the ratio of Hedley Byrne v Heller? - ANS requires: (a) assumption of
responsibility, (b) reliance on the statement and (c) it must be reasonable
What is the ratio of Caparo v Dickman? - ANS what is 'reasonable' is determined by
(a) whether the duty breach was foreseeable, (b) whether the parties are sufficiently
proximate, and (c) if it is fair, just and reasonable
What are the three cases for common law tortious conflict of laws? - ANS 1. Phillips v
Eyre
2. Boys v Chaplin
3. Red Sea Insurance
What is the ratio of Phillips v Eyre? - ANS a cause of action must be 'doubly
actionable' i.e. justiciable under both courts
What is the ratio of Boys v Chaplin? - ANS if there are clear and satisfactory grounds
to depart from double actionability should apply law of country with most significant
relationship to the parties
What is the ratio of Red Sea Insurance? - ANS the Boys v Chaplin exception can also
apply in favour of applying the laws of the country in which the tort was committed
What case is important with regards anti-suit injunctions? - ANS Turner v Grovit
What is the ratio of Turner v Grovit? - ANS anti-suit injunctions cannot be used in EEA
courts
What are the four key concerns when forum-shopping? - ANS 1. costs and fees
2. evidence
3. procedure
4. remedies and enforcement
What are the three cases important for negligent misstatement? - ANS 1. Hedley
Byrne v Heller
2. Caparo v Dickman
3. ADT Ltd. v BDO
What is the ratio of Hedley Byrne v Heller? - ANS requires: (a) assumption of
responsibility, (b) reliance on the statement and (c) it must be reasonable
What is the ratio of Caparo v Dickman? - ANS what is 'reasonable' is determined by
(a) whether the duty breach was foreseeable, (b) whether the parties are sufficiently
proximate, and (c) if it is fair, just and reasonable
