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![handle is hein.slavery/ssactsengr0338 and id is 1 raw text is: HALLEY (THE) [1868]
Majesty to reverse this decree; to remit the matter back to the Court below, for it to
proceed in due course of law; and with regard to the costs, their Lordships direct
that the Appellant shall have the costs of this appeal, but that all other costs will
be in the discretion or subject to the adjudication according to law of the Court
below.
[262] ON APPEAL FROM THE HIGH COURT OF ADMIRALTY.
THE LIVERPOOL, BRAZIL, and RIVER PLATE STEAM NAVIGATION COM-
PANY, LIMITED,-Apellants; HENRY BENHAM and Others,-Respon-
dents * [June 7, 1868].
THE HALLEY.
In cases arising upon contracts entered into in a Foreign country, the Courts of
England inquire into and act upon the law of Foreign countries where, by
express reference, or by necessary implication, the Foreign law is incorporated
with the contract, and proof and consideration of the Foreign law becomes
necessary to the construction of the contract itself. But in admitting the
proof of Foreign law as part of the circumstances attending the execution of
the contract, or as one of the facts of the existence of a tort, an English Court
applies and enforces its own law so far as it is applicable to the case established,
but will not enforce a Foreign Municipal law, and give a remedy in the shape
of damages, in respect of an act which by the English law imposes no liability
on the person from whomn the damage was claimed [5 Moo. P.C. (N.S.)
276, 277].
Thus in a cause of collision promoted by the owners of a Norwegian Barque,
against a British Steamer, in the High Court of Admiralty in England, for
damage done in Belgian waters, alleged to have been occasioned by the
negligent and improper navigation of the Steam-vessel, the owners of the
Steamship pleaded, that the vessel was in charge of a Pilot, whom they were
compelled by the Belgian law to employ. The owners of the Barque replied,
that by the Belgian law it is provided that the Owners of a ship which has
done damage to another by collision are liable for the damage, notwithstanding
the Vessel was in charge of a compulsory Pilot, and although the damage was
occasioned by his negligence or want of skill. The owners of the Steamer to
this plea objected, that even if the article pleaded were true, they would not
be liable in the Court of Admiralty in England. The Court of Admiralty
admitted the plea of the Belgian law:-
Held, by the Judicial Committee, reversing the decision of the Court of Admiralty,
that the claim being founded on a tort committed in the territory of a Foreign
State, the party claiming reparation in a British Court was not entitled to the
benefit of the Foreign law against the admitted provisions of the Statute law
of England, and the practice of the High Court of Admiralty in respect of
compulsory pilotage, by which no such liability, as provided by the Belgian
law, existed, as it is contrary to principle and authority to hold that an English
Court will enforce a Foreign Municipal law, and give a remedy in the shape
of damage, in respect of an act which, according to its own principles, im-
poses no liability on the person from whom the damages are claimed.
The case of Snzitl v. Condry (1 Howard's Rep. (U.S.), 28) observed upon [5 Moo.
P.C. (N.S.) 277].
A cause of damage promoted by the Respondents, the owners of the Norwegian
Barque Napoleon, against a British Steamship the Halley, for the recovery of damages
by reason of a collision which took place between the ANapoleon and the Halley, on
the 20th of December, 1866, in Flushing Roads, in Belgian territory.
* Present: Sir William Erle, Lord Justice Wood, Lord Justice Selwyn, Sir James
William Colvile, and Sir Edward Vaughan Williams.
514
V MOORE N.S.,, 2.62](ViewImageLocal?handle=hein.slavery/ssactsengr0338&div=1&collection=&method=preview&ext=.png&size=3)