Are cumulative causes of action permissible under the common law conflicts principles?
… in cases where these instruments don’t apply. At this stage, it becomes important to distinguish between pleading cumulative causes of action (which is an issue of characterisation) and selectively pleading facts, so as to bring the case within the jurisdiction of the English courts (such as defamation cases-Berezovsky)-which is more an issue of pleading and procedure. I will restrict my analysis to the former. Common law “conflicts of law” rules: As Briggs so succinctly puts it in his article in the LMCLQ (2003), the English conflicts rules reminds one that characterisation begins at home-i.e. it has to be done in accordance with the lex fori, taking into account a broad internationalist spirit (Raiffesein). Sir Peter North in a 1992 KCLJ article argues that a claimant has no choice to choose the applicable law, as this is determined by the lex fori-a fairly circuitous argument when one considers the English position that the lex …
