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Mr Justice Foxton has handed down an important judgment on the application of the presumption that foreign law is materially the same as English law, and pleading requirements concerning the same. In light of the Supreme Court’s clarification of the nature and effect of the presumption in Brownlie v FS Cairo (Nile Plaza) LLC [2022] AC 995, he declined to follow the reasoning of Mr Justice Andrew Baker in Iranian Offshore v Dean [2019] 1 WLR 82, and concluded that a party disputing the application of the presumption does not always need to plead that fact.

Hanif Mussa KC acted for the successful defendants.

The judgment is available here.

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