Rediscovering the Principle of Comity in English Private International Law
26 European Review of Private Law (2018)
26 Pages Posted: 27 Apr 2018 Last revised: 5 Jun 2018
Date Written: April 10, 2018
Academically speaking, comity is all but dead. Cold-shouldered by the literature, the principle has become known as little more than a useless relic of the past. But a review of the case law tells a very different story. Comity thrives in the judicial decisions of English courts suggesting that, in particular areas of law, comity is alive and well. In light of the disjunct between the literature and judicial practice, this article seeks to shed new light on the role of comity in English private international law. Ultimately, it seeks to unbridle comity’s legal potential and reposition it as an important principle of English private international law worthy of further academic research.
Keywords: comity, private international law, conflicts of law, English law
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