The Inference of Similarity

For this meeting, Marcus Teo, Sheridan Fellow at the National University of Singapore will be joining us for a presentation and discussion on The Inference of Similarity.

The meeting will take place from 12.30-1.30pm in the Old Dining Hall at St Edmund Hall, with a light lunch available until 2pm. Please email any dietary requirements to conflictoflaws@law.ox.ac.uk.

Abstract:

The so-called 'presumption of similarity' remains mired in controversy, even after Brownlie v FS Cairo. At base, its very nature – whether it is a true presumption or an inference of fact – remains unclear. The latter, I argue, is the better view. An English court should only ever draw an inference, where reliable, that the foreign court’s decision would likely be similar to the English court’s on the same facts. This aligns the so-called “presumption” with the goal of choice of law rules: preserving uniformity of outcomes. It also rationalises the case-law in different circumstances where the so-called “presumption” has been applied: where foreign law is partially proven, under mandatory duties to plead foreign law, between two systems of foreign law, in interlocutory applications, and in appeals of foreign law.

This event is generously supported by Twenty Essex