Welcome to Law 10118

International Private Law Honours

Review Summary
Week 3 Tutorial 2
Today’s Objectives:

1. Understanding the importance of determining domicile and jurisdiction in IPL

disputes
2. Discussing a methodical approach to IPL problem solving in jurisdiction cases
3. Considering the importance of connecting factors of domicile and habitual
residence

No need to know or write about any substantive foreign law. I.e. if French law is
the applicable law. No need to research, explain, French law unless there is
information in the question!
Wee warm-Up Questions as Revision
• What is IPL, in a sentence?
• Can anyone think of any
real-world examples of
IPL?
• Why is determining
domicile important?
• Why is determining
jurisdiction important?
• What is a connecting factor
in a jurisdiction or choice
of law rule?
Warm-Up Questions:
• What is IPL, in a sentence?
• International private law provides the legal rules & mechanisms for determining jurisdiction,
applicable law(s), and the enforcement of judgments in cases with international elements (e.g.
a foreign party, or foreign locus).
• Can anyone think of any real-world examples of IPL?
• Globalisation, growth of e-commerce, personal mobility…
• Supply chain contracts – what law governs a contract to supply pineapples to Tesco from a
Costa Rican producer?
• Accidents suffered on holidays abroad – where can I sue?
• Will a foreign marriage be recognised in Scotland?
• Why is determining domicile important?
• Know which substantive law a person belongs to, is subject to at any point in their life. Why?
• Why is determining jurisdiction important?
• Legal Rationale: The need to avoid multiple actions in multiple places, resulting in
irreconcilable judgments.
• Common-sense: So clients have legal certainty and do not need to hire lawyers in multiple
countries/pay court fees in multiple countries.
5 minute quiz!
Put these Stages of IPL case
into the correct order!

1. Renvoi
2. Proof of foreign law
3. Connecting factor
4. Choice of law rule
5. Characterisation/classification
6. Jurisdiction
7. General Limiting Rules: Public Policy
8. Characterisation of a rule of law
9. The legal system
This Photo by Unknown Author is licensed under CC BY-NC
 Question on Domicile
1. Discuss the following problem scenario:
Sally was born in Scotland to parents to her then domiciled in Scotland. Her parents then travelled with Sally and
settled in Egypt. During her University studies in Spain, Sally became involved with a local political group and was
barred from Spain. She later gained entry to Spain by impersonation and settled there with her aunt and uncle for five
years but then returned to Scotland to attend a friend’s wedding. Whilst in Scotland, she met and married Peter. Soon
after Sally immediately fell ill. She wished to return to Spain but was unable to do so because she required medical
treatment in Scotland. Sally died in Scotland two years later with her intentions to return to Spain unfulfilled.
Peter now claims his right to Sally’s movable estate in Spain and in Scotland. The Spanish authorities claimed that all
the property is due to them under a Spanish confiscatory legislation. Throughout her life Sally remained a UK national.

(a) What IPL stages would a Scottish court go through to determine the issues in this case?
(b) Trace Sally’s domicile from her birth to death. Prior to her death, where was Sally domiciled?
(c) Domiciled in Scotland, Domicile of dependence was Egypt. Would need to know her intention in Spain. Mark v Mark, don’t need to be
legally permitted to be allowed in the country to claim residence in chosen country. If Spain had the same legal rules. Still has own
subjective intention to live in Spain. One operative domicile throughout your life. Need info about where they set up their home. If she
wanted to remain domicile would change, if she didn’t it wouldn’t Argument to say she has lost her choice of domicile. Scots law you can
potentially have more than one habitual residence. She just has one, not well enough to go back to Spain

(d) In the alternative, prior to her death, where was Sally habitually resident?
Tips for a structured approach!
 Step 1: We assume the Scottish court has jurisdiction …
 Step 2: Characterisation – What general issue are we dealing with, & where is the
defender domiciled?
 In this question domicile is an incidental question. What is an incidental question
and why does domicile fall into that category?
 Step 3: If statutory domicile for jurisdiction, apply s.41,42 CJJA 1982 otherwise,
determine domicile of origin > dependency > choice – apply relevant cases for each.
 Step 4: Work through scenario chronologically.
 Step 5: Repeat steps 1,2,4 for determining habitual residence.
 Once determined the domicile then this may help answer questions on choice of law
relative to the issue eg succession.
 Thank you!
Any questions please email l.gillies@napier.ac.uk