Applying and proving foreign law in the courts of England and Wales: pleading, evidence, limitation, capacity, disclosure, public policy, damages, interest, case management and appeals

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note

This Practice Note examines how the courts of England and Wales (English courts) apply foreign law when resolving disputes, explaining what ‘foreign law’ means and its relevance within English proceedings.

the date at which it must be ascertained,
that, in the English courts, foreign law is a question of fact,
the obligation to plead any relied‑upon foreign law,
the effect of foreign law on disclosure,
adducing expert evidence of foreign law,
the influence of foreign law when assessing interest,
its impact on summary judgment or strike out applications,
and case management considerations.

Note that many of these issues may not apply elsewhere. In some jurisdictions, foreign law is regarded as law rather than fact, or the court may apply it without a party pleading it in their statements of case. If considering the application of English law in a foreign court, local law advice will therefore be required. This Practice Note refers to...

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Web page updated on 21/05/2026

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