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Are cumulative causes of action permissible under the common law conflicts principles? Ought this to be so?
The first 200 words of this essay...
ARE CUMULATIVE CAUSES OF ACTION PERMISSIBLE UNDER THE COMMON LAW CONFLICTS PRINCIPLES? OUGHT THIS TO BE SO?
I will argue that although the common law seems to permit cumulative causes of action within its domestic context (See Henderson), this doesn't automatically translate to an application within a "conflicts" context. The main hurdle to this "automatic translation" is the coming into force of certain European legislative instruments such as such as the Regulation 44/2001 (hereinafter referred to as the "Regulation") and the Rome Convention.
I will start by attempting to determine the common law conflicts position with respect to permitting the pleading of cumulative causes of action (hereinafter referred to as "accumulation"). I will then move on to consider the compatibility of this common law position with the European instruments. I will try and define the various parameters that constrict the pleading of cumulative causes of action in the context of these instruments. I will then conclude that although this accumulation ought to be limited in the context of European instruments, it ought not to be so, in cases where these instruments don't apply.
At this stage, it becomes important to distinguish between pleading cumulative
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