B.P. EXPLORATION CO. (LIBYA) LTD. v. HUNT

[1976] 1 Lloyd's Rep. 471

QUEEN'S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Kerr

Practice - Jurisdiction - Service of writ out of jurisdiction - Oil concession granted to defendant by Libyan Government - Transfer of half share in concession to plaintiffs - Defendant to be paid capital sum and expenses - Plaintiffs' half share nationalized - Writ issued claiming declaration that contract was frustrated and claiming sums considered just by Court in respect of benefits obtained by defendant - Whether leave to serve notice of writ out of jurisdiction should be granted under R.S.C., O. 11 r. 1 (f) - Law Reform (Frustrated Contracts) Act, 1943, ss. 1, 2. Conflict of laws - Contract - Proper law - Contract concerning oil concession in Libya made in England and amended in Texas- Whether English law proper law of contract.