Anyone know what the RED SEA insurance case was about in 1994?
regarding conflict of law rules cases.
thanks
Answers:
I think the case you refer to is that of Red Sea Insurance Co Ltd. v Bouygues SA (1995) 1 AC 190?
Basically it's where HL abandoned strict application of the 'double-actionability' test for torts where they took place abroad.
Previously, where a tort took place abroad, for it to be actionable in England it had to constitute an actionable tort in both English law and in the jurisdiction where the tort was committed.
However, the decision in the Red Sea case was that the double actionability rule was not inflexible and it was possible to depart from it on clear grounds to avoid injustice. So, the exception could be applied to enable a party to rely upon the law of where the tort was committed solely where an action was not available under English law.
have you tried googling it
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