can you implement another countries law in English courts? e.g German law in English courts?

Question

Not sure whether jurisdiction and applicable law is a factor.

Answer 1

In private international law there is a very tricky doctrine of renvoi, very seldom used in real life, where an English judge may be required to apply the legal provisions of a foreign jurisdiction in matters of family law or wills and intestacy. It is horrendously complex and if you really want to read it up you must go to a law library and consult a serious work on private international law. Meanwhile, here is the Wilkipedia link for a bird's eye view:
http://72.14.253.104/search?q=cache:ZtIzcoJYNjcJ:en.wikipedia.org/wiki/Renvoi+law+doctrine+of+renvoi&hl=en&gl=us&ct=clnk&cd=1

Answer 2

Hi Sally, the simple answer is no.

The interesting bit is why it's no, despite the fact that we're part of the same Union (namely, the European Union).

To use your example, a German law is not applicable in any Country other than Germany.

However, a decision in a German (or any other Country's) Court that has some seniority becomes case law. And that decision can be quoted in support of a clients case in Courts throughout the World - but not be binding on that Court outwith (to continue with your example) Germany.

European legislation and Directives are applicable and enforceable by each Member State to the Union (or Treaty of Rome and its many progeny).

But the simple answer is "no".

Answer 3

UK has a common law system but Germany follows a civil law system, so german law can't be used in UK courts. However, countries that also follow the common law system, their cases may be brought up in the English courts with persuasive authority but may not be binding. What binds the courts is previous cases with similiar facts and what were the judgement given.

Answer 4

Probably not German Law, but our total toss-pot self-serving government seem to have pushed through legislation that has effectively given the USA the ability to drag a UK citizen to face almost any charge in the USA.

Irrespective of the fact no UK law may have been broken.

Bankers in handcuffs on flights to America anyone?

Answer 5

I know this is meant to be broad but when you get down to fine detail, there is very little difference between the laws in one country and the laws in another. Its all in the mind rather than anywhere else. Try this. You stab someone in Germany and run to England. Yes!

Answer 6

well the German Law can be used in UK only with permission of UK government
also it can only be used with German lawyers judge and so on....
but as German law is much the same as UK law there really is no reason to do so
unless it's a political law broken

Answer 7

yes it can be done in some circumstances usually in contract, but it cannot be used to avoid aspects of the jurisdiction which parties try to avoid by using this method. Its only eu wide usually!

Answer 8

Nine!