An action was brought in 1835 on a French promissory note made in 1813 and payable in 1817. The defendant pleaded that by French law an action upon the note was prescribed.
Held: On its true construction, French law did not extinguish the debt but only barred the creditor from obtaining a remedy. This was a matter of French procedure which an English court would disregard.
Judges:
Tindal CJ
Citations:
(1835) 2 Bing NC 203
Jurisdiction:
England and Wales
Cited by:
Cited – Phillips v Eyre CEC 1870
The court considered the rule of double actionability. The court laid down the test for whether a tort committed abroad was actionable in this jurisdiction: ‘As a general rule, in order to found a suit in England for a wrong alleged to have been . .
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, Limitation
Updated: 10 November 2022; Ref: scu.242981
