ABSTRACT
The process of choice of law in the field of tort has been said to raise, ‘one of the most vexed questions in the English conflict of laws’. The tort of defamation is still governed by the traditional common law rules on double actionability that have existed for over a century. It is necessary to make a clear delineation between defamation and other causes of action. The difficulties created by a rigid unitary double actionability rule are revealed by a brief analysis of developments in Australia, which has followed the traditional English approach. In briefly considering the general rules it is noteworthy that where a tort is alleged to have transpired in England, our courts have simply applied English law to the dispute. Before considering the recent English statutory reforms, it is interesting to consider the degree of European and Commonwealth harmonisation of tort choice of law provisions.
