“…iss”), the decision of Gross J in Air Foyle v Center Capital [2003] 2 Lloyd’s Rep 753 (“Air Foyle”), the Privy Council decision in Pattni v Ali [2006] UKPC 51; [2007] 2 AC 85 and relevant passages from Dicey, Morris and Collins on the Conflict of Laws (“Dicey”), 15th ed. The judge concluded that Carl Zeiss did not address the concep…”
“…hout such a clause, such as Hamed itself and statements of the principle were made without reference to such a clause in the cases cited in Hamed (Pattni v Ali [2007] 2 AC 85 at paragraph 26 and Deschamp v Miller [1908] 1 Ch 856). I cannot see any justification based on principle for requiring such a clause. In my judgment the princ…”