SCOPE:

 Not a separate branch of law like law of torts or law of contract

 Starts up unexpectedly in any court and in midst of any process
 But dealt as a separate branch in English legal system, not because deals with one
particular topic, but always concerned with one or more of three questions namely,
o JURISDICTION OF ENGLISH COURTS
 Basic rule at common law- English courts have no jurisdiction to
entertain action in personam unless the defendant has been personally
served with a claim form
 This rule cannot be satisfied when the defendant is abroad
 Three reasons which require jurisdiction to be treated separately under
COL
 Certain circumstances in which the court is empowered by
statues to assume jurisdiction over absent defendants
 Actions such as petition for divorce, where the mere presence
of defendant in the country does not render the court
jurisdictionally competent
 Separate regime of jurisdictional rules in the case of a
defendant domiciled in a member state of European community
o RECOGNITION
 Litigation has been abroad, defendant has assets in England, important
to ascertain whether English law will recognize the enforcement of
foreign judgement.
 According the principles of COL generally English courts will
recognize the enforcement of foreign judgments, provided that the
foreign court has jurisdiction to enforce the matter.
 Courts will recognize the foreign judgement as their own and enforce
accordingly
o CHOICE OF LAW
 If English court decided that possess jurisdiction, then next question as
to the choice of law, in which system of law, English or foreign, must
govern the case.
 In each case that part of English law which consists of COL directs
what legal system shall apply to the case.
 For example: movable property of British subject who dies intestate
domiciled in Italy shall be distributed according to Italian law.
 These rules for choice of law, then, indicate the particular legal system
by reference to which a solution of the dispute must be reached.

FUNCTIONS:
 OF COL is complete when it has chosen the appropriate system of law.
  Its rules do not furnish direct solution of the dispute.
 The judge at the forum applies or enforces the chosen law or alternative the case if
governed by the foreign law.
 Is to indicate the area over which a rule of law extends- i.e. “deals primarily with
application of law in space.”

GENERAL INTRO:
 No conflict between the law; it is the choice of law i.e. which law should apply to
provide justice
 Justice is the main principle of COL
 No fix law for governing disputes in COL
 The laws are scattered in municipal laws, the court would apply the appropriate law
which should be applicable if a dispute arises
 COL is a question of fact
 The rules of procedural laws are also important for COL, because it is the forum
which decides which law in applicable, also important for determining the jurisdiction
of the court
 FOREIGN ELEMENT
o A fact relevant to the issues involved in the proceedings
 Which has no geographical or any other connection with a
territorial unit where the court is dealing with the proceeding.
 Basis of COL:
o Is principally the need to do justice
o Main justification: is it implements the reasonable and legitimate expectation
of the parties to a transaction or an occurrence.
o Practical purpose: dispute related to immovable property in France,
enforcement of Indian judgement not possible if court have not applied French
law.
o Nations have long found that they cannot, by sheltering behind the principle of
sovereignty afford to disregard foreign rules of law