caa a22 4500 388045124 CHVBK 20180307125035.0 cr unu---uuuuu 161130e199801 xx s 000 0 eng 10.1017/S0020589300061625 doi S0020589300061625 pii (NATIONALLICENCE)cambridge-10.1017/S0020589300061625 Rodger Barry J. Ascertaining the Statutory Lex Loci Delicti: Certain Difficulties Under the Private International Law (Miscellaneous Provisions) Act 1995 [Elektronische Daten] [Barry J. Rodger] The Private International Law (Miscellaneous Provisions) Act 1995 introduced major reform to the common law choice of rule in delict/tort under Scots/English law respectively. To all intents and purposes, and in the face of sustained and strong criticism, the Act abandoned the common law rules based on double actionability with exceptions. The primary rule under the statute would appear to state that the applicable law is to be based on the general concept of the lex loci delicti. It is of some significance for the analysis here that the statute does not in fact utilise that Latin expression as it is indeed unclear that the expression has any technical meaning. Indeed, the provisions of the Act seek, but in the end fail, to achieve a greater degree of certainty than that rather nebulous though "right-minded” concept. Significantly, a principal objective of the reforms was to ensure that the lex fori no longer played a primary role in choice of law for delictual/tortious claims in private international law. Of course, doubts remain as to the likelihood of direct resort to the lex fori via potential escape devices provided for in the Act The two most likely stages for this arise during characterisation and later when the lex fori may be applied qua public policy. Copyright © British Institute of International and Comparative Law 1998 International and Comparative Law Quarterly Cambridge University Press 47/1(1998-01), 205-211 0020-5893 47:1<205 1998 47 ILQ https://doi.org/10.1017/S0020589300061625 text/html Onlinezugriff via DOI 1 research-article jats NATIONALLICENCE 856 40 https://doi.org/10.1017/S0020589300061625 text/html Onlinezugriff via DOI NATIONALLICENCE 100 1- Rodger Barry J. NATIONALLICENCE 773 0- International and Comparative Law Quarterly Cambridge University Press 47/1(1998-01), 205-211 0020-5893 47:1<205 1998 47 ILQ CC0 http://creativecommons.org/publicdomain/zero/1.0 nationallicence SWISSBIB 350969108 BK010053 XK010053 XK010000 NATIONALLICENCE NATIONALLICENCE NL-cambridge