Granville Technology Group Limited (in liquidation) & Ors v LG Display Co Ltd & Anor
A party who wishes to contend at trial that the presumption of similarity between foreign and English law does not apply is not required to plead that assertion. The presumption is an evidential inference, not a material fact, and its application is limited to circumstances where it is reasonable. The absence of a specific pleading does not preclude a party from arguing the presumption should not apply. Case management and fairness do not require exclusion of the argument at this stage.
Source excerpt
- Applicable law
- Foreign law evidence
- Presumption of similarity
- Cartel damages
- Limitation periods