ABSTRACT
In the first situation, there can be no objection to the English forum applying the domestic law of the system with which the case is wholly connected. Indeed, in cases like this, the English court may feel that it should refuse jurisdiction as forum non conveniens. Where the defendant is content to allow proceedings to continue in England or there are good reasons for English litigation, for example, that, after the issue arose, the defendant became domiciled in England, then the application of the foreign law is relatively straightforward and there is a chance then that the same law will be applied in England as would have been applied in the ‘home’ country. There are, however, other factors beside the choice of law which stand in the way of decisional uniformity.
