England

Abstract

This report describes the operation of the public policy doctrine in private international law in the English courts. It describes the application in practice in the areas of status/capacity, marriage, maintenance, children, succession, choice of law in contract, choice of law in non-contractual obligations and choice of law in property, as well as the enforcement of judgments. Where necessary in order to give the full picture, it describes functionally equivalent rules such as mandatory rules and the rule against the enforcement of foreign revenue, penal or other public laws. The application of public policy in English private international law is limited to very exceptional circumstances. The cases are rare but insofar as it is possible to recognise any trends there is a decreasing role for public policy. The cases show that the English courts do not or at least do not routinely fall back on public policy too readily in order to promote their own moral values.