Areas of Work

Conflicts of Law

Members of chambers have appeared in some of the leading conflict of laws cases of recent years, including a number in the House of Lords, such as Connelly v RTZ (application of the doctrine of forum non conveniens), Lubbe v Cape (application of forum non conveniens to group actions) and Serco Ltd v Lawson  (territorial scope of the United Kingdom Employment Rights Act 1996 and its application to expatriate employees).

We have extensive experience in all aspects of advice and representation involving conflict of laws issues and our expertise is regularly sought on a wide range of issues such as:

• jurisdiction under EC Regulation 44/2001 (formerly the Brussels Convention)

• the application of the doctrine of forum non conveniens

• the interpretation and application of exclusive and non-exclusive jurisdiction clauses

• the applicable law of contracts and the Rome Convention/Contracts (Applicable Law) Act 1990

• cross-border disputes arising out of commercial contracts or business ventures

• the law of tort or delict and the Private International Law (Miscellaneous Provisions) Act 1995

• applicable law of insurance contracts including the Financial Services and Markets Act 2000 (Law Applicable to Contracts of Insurance) Regulations 2001

• contracts of employment where the employer or employee is overseas

• personal injuries sustained while on holiday or at work overseas including on board ships or off-shore structures

• multinational and international group action cases

• public international law issues

Several members of chambers have studied and worked in other jurisdictions including the United States, Belgium, France, the Netherlands and Sri Lanka and are familiar with those legal systems. Our clerks are able to provide details of foreign languages spoken by members of chambers.

We are able to act as experts on English law in overseas cases, providing written opinions, advising clients in conference or giving oral evidence. Senior members of chambers also act as arbitrators and mediators both in England and Wales and in a diverse variety of overseas jurisdictions (for example Hong Kong and Bahrain).

The significant conflict of laws cases in which members of chambers have appeared include:

• Serco Ltd v Lawson [2006] UKHL 3, [2006] 1 All ER 823, [2006] ICR 250

• King v Brandywine Reinsurance Co (UK) [2005] EWCA Civ 235, [2005] 1 Lloyd's Rep 655

• Munich Reinsurance Co v Commonwealth Insurance Co [2004] EWHC 914, [2005] Lloyd's Rep IR 99

• Bristow Helicopters v Sikorsky [2004] EWHC 401 (Comm)

• Hong Kong Pilots v Cathay Pacific (2003) ET

• Roerig v Valiant Trawlers Ltd [2002] EWCA Civ 21, [2002] 1 WLR 2304

• Lubbe v Cape (No 2) [2001] 1 WLR 1545, HL

• Baker v Ian McCall International Ltd [2001] Lloyd's Rep IR 149

• Sithole v Thor (1999) Times, 15 February

• Gan Insurance Co Ltd v Tai Ping Insurance Co Ltd [1999] Lloyd's Rep IR 472, CA

• Lubbe v Cape (No 1) [1999] I L Pr 113, CA

• Ngcobo v Thor Chemical Holdings Ltd (1995) Times, 10 November, CA

• Connelly v RTZ Corporation plc [1998] AC 854, HL

• Agrafax Public Relations v USS Inc [1995] CLC 862