The Weekly Law Reports
[2007] 3 WLR 849
Court of Appeal
Halpern and another v Halpern and others (Nos 1 and 2)
[2007] EWCA Civ 291
2007 Feb 27,
28;
April 3
April 3
Waller, Sedley and Carnwath LJJ
Conflict of laws
— Contract
— Proper law
— Parties entering into compromise agreement
— Defendants contending agreement governed by Jewish law
— Whether non-national system of law capable of being governing law
— Whether Jewish law applicable as aid to interpretation of agreement
—
Contracts (Applicable Law) Act 1990 (c 36), Sch. 1, arts 1, 3, 4
Contract
— Rescission
— Counter-restitution
— Inheritance dispute compromised by agreement
— Claimants seeking damages for breach of agreement
— Defendants pleading entitlement to avoid agreement for duress
— Whether contract procured by duress could be avoided without providing counter-restitution