In re Helbert Wagg and Co Ltd’s Claim: ChD 8 Dec 1955

Conflict of Laws – Movables – Assignment – Foreign legislation –
Validity – Foreign exchange legislation – Whether confiscatory –
German Moratorium law of 1933 – Debt payable in London made payable to
Konversionskasse in Reichsmarks – German law proper law of contract.
Conflict of Laws – Chose in action or debt – Situs – Debtor’s place of
residence – No situs until but payable
Conflict of Laws – Contract – Proper law – Contract to be ‘construed in accordance with x law’ – x proper law.
Trading with the Enemy – Loan before war – Enemy debtor – Whether
contract abrogate
Trading with the Enemy – Administrator of Enemy Property – Appeal from decision – Whether decision of Administrator on effect of German law
final – Distribution of German Enemy Property Act, 1949 (12, 13 and 14 Geo. 6, c. 85) – Distribution of German Enemy Property (No. 2) Order, 1951 (S.I. 1951, No. 1899), art. 7 (2).
Contract – Conflict of laws – Debt – No local situation until payable
– Governed by proper law – Moratorium law – Whether confiscatory.
Upjohn J said: ‘the elementary proposition that it is part of the law of England, and of most nations, that in general every civilized state must be recognized as having power to legislate in respect of movables situate within that state and in respect of contracts governed by the law of that state, and that such legislation must be recognized by other states as valid and effectual to alter title to such movables.’

Judges:

Upjohn J

Citations:

[1956] 1 Ch 323

Links:

Google Groups

Jurisdiction:

England and Wales

Cited by:

CitedBelhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
Lists of cited by and citing cases may be incomplete.

International, Contract

Updated: 14 June 2022; Ref: scu.634755