The basis of classification. Some examples of how English courts classify for private international law purposes

Abstract

Classification or characterisation is a preliminary issue to deal with in order to find the correct choice of law rule and select the legal system that governs the matter before the court. It is about exploring what is the true basis of the claim and allocating the question at hand to the correct legal class or category. The choice of law rule will then work with an element considered decisive to establish a connection between the factual situation and a particular system of law. What this element is for the specific issue before the court, in general, is a question to be determined by the law of the forum. In order to make viable connection, legislators and courts consider policy reasons, natural justice requirements or the parties' expectations and commercial needs.