foreign law in English litigation

In legal proceedings in English Courts, foreign law must be proved in English litigation as a fact, in the same way as any other allegation of fact. English Courts are not competent to construe or interpret foreign law. The force and effect of foreign law in English litigation is presented to courts by way of expert evidence.

An expert in the foreign law is required to produce the contents of the foreign law, such as legislation and unwritten law; explain how a court in the foreign jurisdiction would interpret and apply the provision on the facts before the judge in English litigation; and where available, produce relevant authorities and their status within the overseas jurisdiction.  There is no necessity that the expert is a lawyer in the relevant jurisdiction, provided that they are otherwise appropriately qualified to the satisfaction of an English court.

Further Information

Part 35 of the Civil Procedure Rules govern the duties of experts to the court in England.

Usage: The claimant briefed the expert to prove the effect of the foreign law in English litigation.

Related Words: litigation; expert evidence.