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The law governing collisions on the high seas

By Maria Hook (University of Otago) In American Eagle Fishing Llc v Ship “Koorale” [2020] NZHC 1935, the High Court recently considered an important question of choice of law in maritime torts: what is the law governing maritime collisions on the high seas where both vessels are flying the same flag? The answer, according to […]

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The Supreme Court affirms orthodox approach to the application of foreign law

By Jack Wass (Stout Street Chambers) The Supreme Court has recently confirmed the approach that the courts should follow where a question of foreign law appears on the facts of a case, but the parties have failed to plead foreign law. In earlier Blog posts, we explained that where the parties have failed to plead […]

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