Jurisdiction(s):
United Kingdom

Tort choice of law under the Private International Law (Miscellaneous Provisions) Act 1995, Part III: key case law on sections 11–12 and when to displace the general rule

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Practice notes

This Practice Note reviews certain judicial decisions that demonstrate how Part III of the Private International Law (Miscellaneous Provisions) Act 1995 (PIL(MP)A 1995) operates in tort matters.

Judgment and citation Facts Decision

Walter Hugh Merricks CBE v Mastercard Inc [2024] EWCA Civ 759 at para [146] The proceedings involved follow-on competition claims. The Court of Appeal regarded this as an exceptional instance where the section 11 rule should yield to section 12. Its reasoning was markedly shaped by the Commission’s decision and the collective redress setting. The logic was that section 11 would otherwise lead to applying the laws of the countries in which the anti-competitive restriction occurred. Yet here, the European Commission had already determined the restriction of competition and the court was dealing with a follow-on action. It was judged ‘substantially more appropriate’ for the questions in the follow-on proceedings to be resolved under the laws of England and Wales or Scotland, as relevant respectively.
Zubaydah v Foreign, Commonwealth and Development Office [2023] UKSC 50 at paras [93]–[103] See News Analysis: Supreme Court concludes that English law governs torts committed

These notes summarise selected judgments illustrating the operation of Part III in tort claims within this note...

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Web page updated on 22/05/2026

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