Challenging findings of fact about foreign law—dos and don’ts (Perry v Lopag Trust Reg (No 2))

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Approach to foreign law findings of fact
• Challenging concurrent findings
• Challenge to Pitt v Holt
• Case details

Article summary

Private Client analysis: Providing important clarification to practitioners dealing with non-domestic law matters, the Privy Council confirms the approach which appellate courts should take when asked to review findings of fact about foreign law and its application to the facts of a case. The Privy Council also declined to hear a challenge to the Supreme Court’s decision in Pitt v Holt because the appellants had not sought to pursue their argument in the lower courts and, even if they succeeded on this ground, their appeal overall would fail on the facts determined at first instance. Written by Katharine Elliot, barrister at Landmark Chambers.