Private International Law in Twentieth-century England

Abstract

By definition, private international law is fundamentally concerned with a trio of cross-border issues: Do the English courts have jurisdiction to hear a case? What law is the court to apply? And will the judgments of the courts of another country be recognised in England? One of the interesting themes of the 20th century development of private international law in England was to see the extent to which this characteristic developed and with what consequences. A further significant thread was that of the relationship between public and private international law. This chapter looks at developments in private international law in England at the dawn of the 20th century, including jurisdiction of the courts, recognition of foreign judgments, range of cross-border issues, choice of law, and family law matters. Developments during the 20th century include law reform, interface of public and private international law, law on international trade, and role of the jurist. The legacy of émigré legal scholars from Germany in the field of private international law is also examined.