Private International law

This sub-topic is intended to cover the main areas where private international law (also known as conflict of laws) is relevant to private client practice. Topics covered include the administration of estates, succession, family and matrimonial matters, situs of property, mental capacity and the execution of documents. We shall continue to add content on these and other topics, depending on the needs of our clients.

What is private international law?

The branch of English law known as private international law (PIL), in contradistinction to both the ordinary local or domestic law of England and public international law, is concerned with cases having a foreign element. By a 'foreign element' is meant a connection with some system of law other than English law.

The conflict of laws rules are part of the domestic laws of a particular jurisdiction and can differ from one jurisdiction to another. When events or transactions involving civil and commercial matters are not confined within the borders of a single country, the domestic legal systems of the different countries involved may have substantive laws that govern the subject matter of the legal dispute

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Latest Private Client News

Private Client weekly highlights—21 November 2024

This week’s edition of Private Client highlights includes: (1) Wigglesworth v Beetson, in which the claimant failed in an action for estoppel and adverse possession; (2) the Hansard Society to host a briefing on parliamentary process for Assisted Dying Bill; (3) Khan v Khan, which considered family property and constructive trusts; (4) analysis of the Autumn Budget announcement to bring unused pension funds and death benefits within the scope of IHT; (5) Palmer v Sans, which found that there was no transaction at an undervalue where property was already held on trust for the transferee; (6) KA v FA (The Secretary of State for the Home Department intervening), where the court recognised an overseas adoption notwithstanding failure of common law test; and (7) Kireeva v Bedzhamov, in which the Supreme Court has confirmed the application of the immovables rule to English property.

HoL committee issues call for evidence on Property (Digital Assets etc) Bill

A Special Public Bill Committee established by the House of Lords has issued a call for evidence on the Property (Digital Assets etc) Bill. The deadline for submissions is Friday 20 December 2024.

Privy Council rules BVI company shares are not immovable property (Al Thani v Al Thani)

Private Client analysis: In a decision which will come as a relief to private individuals who own shares in BVI companies, the Privy Council has decided that section 245 of the BVI’s Business Companies Act 2004 does not have the effect of re-categorising shares as immovable property for the purposes of succession. Written by Kyle Bonnell, pupil at XXIV Old Buildings.

Supreme Court confirms application of immovables rule to English property

The Supreme Court has unanimously dismissed Ms Kireeva’s (Russian bankruptcy trustee’s) appeal to overturn the Court of Appeal’s’ decision regarding matters arising out of the bankruptcy of Mr Bedzhamov. Peter Declercq and Patrick Elliot, partners at DCQ Legal (who acted for Ms Kireeva), discuss the implications of the judgment.