What is the test for bringing a claim in England?

Saskatchewan, Canada


The following excerpt is from McMillan v. C.N.R., 1921 CanLII 172 (SK CA):

The rule which governs cases of this kind is that laid down by Willes, J., in Phillips v. Eyre, L.R. 6 Q.B. 1, at p. 28, 40 L.J.Q.B. 28, as follows: 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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