ABSTRACT
In many cases arising in the conflict of laws, an English court will be required to ascertain and take account of foreign law.1 English law is subject to the doctrine of judicial notice2 as, indeed, is the law of the European Union.3 Foreign law is not subject to the doctrine of judicial notice, but is regarded as a question of fact. In broad terms, ‘foreign law’ is the law of any country other than England.4 There are only a limited number of situations in which judicial notice can be taken of foreign law.5 In general, foreign law is a question of fact and, like any fact, must be proved by admissible evidence. The party that asserts that foreign law is different from English law bears the onus of proof.6 Unless such foreign law is demonstrated on evidence, then the court may assume that it is the same as English law.7
