Principle, Policy, and Reform

Source abstract

Abstract It remains to ask whether English law’s treatment of foreign law is justi fied. This is a matter of concern on a number of levels. The success or oth erwise of the English approach affects the expense, duration and fairness of litigation. Its deficiencies may discourage legitimate claimants from proceeding under foreign law, to their possible disadvantage; or from doing so at all, denying them access to justice; or from doing so in England, to the detriment of the market for legal services.