An action was brought in Scotland in 1829 on two French bills of exchange accepted in 1810.
Held: The defendant was able to rely on the Scottish 6 year period of prescription because: ‘Whatever relates to the remedy to be enforced, must be determined by the lex fori, the law of the country to the tribunals of which appeal is made.’
Judges:
Lord Brougham
Citations:
(1837) 5 Cl and F 1
Jurisdiction:
Scotland
Citing:
Cited – De la Vega v Vianna 1830
The plaintiff, a Spaniard, had the Portuguese defendant, arrested in England for non-payment of a debt contracted in Portugal. The defendant claimed to be released on the ground that in Portugal imprisonment for debt had been abolished in 1774.
Cited by:
Cited – Harding v Wealands HL 5-Jul-2006
Claim in UK for Accident in Australia
The claimant had been a passenger in a car driven by his now partner. They had an accident in New South Wales. The car was insured in Australia. He sought leave to sue in England and Wales because Australian law would limit the damages.
Held: . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction
Updated: 21 July 2022; Ref: scu.242982