In deciding how to characterise a claim, the court must examine its substance, and not be misled by appearances. The territorial principle requires attention to be paid to the place where the act was committed. The court defined what was meant by a penal law in the context of justiciability to include: ‘all breaches of public law punishable by pecuniary mulct or otherwise at the instance of the state government or someone representing the public.’
Judges:
Lord Watson
Citations:
[1893] AC 150
Jurisdiction:
England and Wales
Citing:
Applied – Wisconsin v Pelican Insurance Co 1888
(United States Supreme Court) The court considered the rules forbidding the application of foreign penal laws: ‘The rule that the courts of no country execute the penal laws of another applies, not only to prosecutions and sentences for crimes and . .
Cited by:
Cited – Mbasogo, President of the State of Equatorial Guinea and Another v Logo Ltd and others CA 23-Oct-2006
Foreign Public Law Not Enforceable Here
The claimant alleged a conspiracy by the defendants for his overthrow by means of a private coup d’etat. The defendants denied that the court had jurisdiction. The claimants appealed dismissal of their claim to damages.
Held: The claims were . .
Cited – Iran v The Barakat Galleries Ltd QBD 29-Mar-2007
The claimant government sought the return to it of historical artefacts in the possession of the defendants. The defendant said the claimant could not establish title and that if it could the title under which the claim was made was punitive and not . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 14 June 2022; Ref: scu.245578