판결 이유
In tort claims with a foreign element, the English court may apply the law of the place where the tort occurred (lex loci delicti), but flexibility exists to apply English law where justice requires.
사실관계
Two British servicemen were involved in a road accident in Malta. The claimant sued in England for damages including general damages for pain and suffering, which were not available under Maltese law.
판결 요약
The House of Lords held that English law applied to the question of heads of damage. The flexible exception allowed departure from the lex loci delicti where the parties had a closer connection to English law.
주요 인용문
"The general rule is that the law of the place of the wrong governs, but there may be exceptional circumstances."
— Lord Hodson
후속 처리
Now governed by the Rome II Regulation for non-contractual obligations, though the case remains historically important.