Comparative Law in the House of Lords and Supreme Court

Abstract

This paper surveys the use made of comparative law by the House of Lords and Supreme Court in tort cases decided in the period 1990–2013. Consideration is given to the use of materials from both common law and civil law jurisdictions. The research finds that these courts make a great deal of use of comparative common law (albeit from a limited number of jurisdictions) and that these materials have played a part in a variety of ways in developing the law. In contrast, use of materials from civil law jurisdictions has been at a much lower level and appears to have declined in recent years. The enthusiasm for using civil law sources that certain judges showed in the past has not been continued in more recent years.