판결 이유
In tort claims with a foreign element, the lex loci delicti (law of the place where the tort occurred) is the general rule for determining applicable law, but a flexible exception may apply where another law has a more significant connection with the occurrence and the parties.
사실관계
Two British servicemen were involved in a road accident in Malta. The claimant sought damages for pain and suffering, which were not recoverable under Maltese law.
판결 요약
The House of Lords held that English law applied to the assessment of damages because both parties were English and temporarily in Malta. This introduced a degree of flexibility into the choice of law rules for tort.
주요 인용문
"The lex loci delicti is the general rule, but it may yield to another law with a more significant connection."
— Lord Hodson
후속 처리
The common law choice of law rules for tort were replaced by the Private International Law (Miscellaneous Provisions) Act 1995 and Rome II Regulation.