References: (1888) 127 US 265
Ratio: (United States Supreme Court) The court considered the rules forbidding the application of foreign penal laws: ‘The rule that the courts of no country execute the penal laws of another applies, not only to prosecutions and sentences for crimes and misdemeanours but to all suits in favour of the state for the recovery of pecuniary penalties for any violation of statutes for the protection of its revenue or other municipal laws and all judgments for such penalties’.
Jurisdiction: United States
This case is cited by:
- Applied – Huntington v Attrill HL ( AC 150)
In deciding how to characterise a claim, the court must examine its substance, and not be misled by appearances. The territorial principle requires attention to be paid to the place where the act was committed. The court defined what was meant by a . .
- Cited – Iran v The Barakat Galleries Ltd QBD (Bailii,  EWHC 705 (QB))
The claimant government sought the return to it of historical artefacts in the possession of the defendants. The defendant said the claimant could not establish title and that if it could the title under which the claim was made was punitive and not . .
(This list may be incomplete)
Last Update: 15 June 2020
Ref: 258521 br>