The Law Reports (Queen's Bench Division)
[2008] QB 195
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