What is the test for bringing a claim in England?

Saskatchewan, Canada


The following excerpt is from Newgrade Energy Inc. v. Kubota America Corp., 1991 CanLII 7817 (SK QB):

Counsel relies on the decision in Phillips v. Eyre (1870), L.R. 6 Q.B. 1 (Ex.) where Willes, J., stated at p. 28: "… As a general rule, in order to found a suit in England for a wrong alleged to have been committed abroad, two conditions must be fulfilled. First, the wrong must be of such a character that it would have been actionable if committed in England … Secondly, the act must not have been justifiable by the law of the place where it was done."

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