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

See all articles by Thomas Schultz

Thomas Schultz

King's College London

Jason Mitchenson

Graduate Institute of International and Development Studies; University of Geneva, Faculty of Law

Date Written: April 10, 2018

Abstract

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

Suggested Citation

Schultz, Thomas and Mitchenson, Jason, Rediscovering the Principle of Comity in English Private International Law (April 10, 2018). 26 European Review of Private Law (2018), Available at SSRN: https://ssrn.com/abstract=3159985

Thomas Schultz (Contact Author)

King's College London ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

Jason Mitchenson

Graduate Institute of International and Development Studies ( email )

PO Box 136
Geneva, CH-1211
Switzerland

University of Geneva, Faculty of Law ( email )

Switzerland

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