Conflict of Laws - Analysis of the Case of Re Midleton...

MATRIC NO: 060601109 COURSE TITLE: CONFLICT OF LAWS COURSE CODE: JIL 421 LECTURER: MRS. AJIBADE GROUP: 2 TOPIC: CHOICE OF LAW RULES RELATING TO PROPERTY IN CONFLICT OF LAWS WITH AN EMPHASIS ON THE CASE OF RE MIDLETON’S SETTLEMENT INTRODUCTION Conflict of laws involves situations when there is a foreign element in a case. There are three main questions which arise for determination in conflict of laws: choice of jurisdiction, choice of law, and recognition and enforcement of foreign judgment. This work relates to choice of law rules in conflict of laws as regards property with a special emphasis on the case of Re Midleton’s Settlement. Before delving into the principles†¦show more content†¦PRINCIPLES DERIVABLE FROM THE CASE - The law of the place were the property is situated (Lex situs) determines the characterization of property when problems arise, if things that are physically movable are moved from a jurisdiction which regards them as legally immovable to a jurisdiction which regards him as legally movable. The new lex situs determines their character as held in the case of Re Hoyles. - Shares and securities are deemed to be situated in the place where between the shareholder and the company, they can be effectively dealt with according to the law under which the company was incorporated as held in R v WILLIAMS and BRASSARD v SMITH. - For equitable conversion to apply based on the principle of equity, which regards as done that which ought to be done, there must be an obligation or a direction for sale as regards sale of land. - No country takes notice of the revenue laws of another. HOLMAN v JOHNSON per Lord Mansfield and as stated in the case of MUNICIPAL CITY COUNCIL v BULL and GOVERNMENT OF INDIA v TAYLOR by the House of Lords. This principle is applicable on the basis that the settled Land Act 1882, section 22(5) applicable in Ireland by virtue of the Irish free state constitution is only applicable in Ireland and cannot be extended to apply to matters relating to English revenue that is English shares securities, which are to be governed by English revenue law,