lex fori

In English private international law, the lex fori is the law of the forum where the disputes between the parties are heard.

It is the law of the place where legal proceedings take place. This law governs procedural matters (in England, the Civil Procedure Rules) such as:

1. the extent of disclosure required in accordance with the CPR;
2. the evidence and format of the evidence permitted to be adduced to the Court;
3. the conduct of the trial, such as witnesses to be heard, rules of evidence to allow evidence, rules relating to admission of expert evidence;
4. the remedies available (such as damages, injunctions, accounts of profits, specific performance, delivery-up and ancillary remedies such as gagging orders); and
5. limitations periods and time bars to bringing the proceedings.

lex fori in English Courts

Accordingly, where the lex fori is the law England, and the substantive law to be applied by the English Court is the law of Israel, it may be that evidence which would be permitted to be adduced in Israel is excluded by the procedural laws in England. In this case, the English Court would exclude the evidence.

The default rule that the lex fori for litigation in England may be displaced by statute to apply the lex contractus.

When legal proceedings are brought before English Courts that apply foreign law, as the rules of evidence form part of procedural or adjectival law, it is English law that is applied to determine admissibility and related matters.

In disputes involving an international element, the law governing the substantive rights of the parties may well differ from the lex fori. The law governing substantive rights is known as the lex causae, and is often the law of a foreign country applied in English Courts.

The lex fori is also referred to as the lex loci fori or lex loci.

[Latin: The law of the forum]