Teo on the Inference of Similarity

The Cambridge Law Journal has published, on First View (that is, online before print), an interesting article by Marcus Teo (Assistant Professor, Faculty of Law, National University of Singapore) on proof of foreign law in English law, titled The Inference of Similarity

English courts have long professed to apply a “presumption of similarity” when faced with inconclusive foreign law evidence. However, its precise nature and implications remain unclear. Here, I argue that no true “presumption” exists. Instead, courts should only draw an inference, that English and foreign courts would render similar rulings on the same facts, when that conclusion can be reliably drawn. Understanding the “presumption” as a reliable inference helps facilitate the accurate prediction of foreign decisions, resolves various controversies surrounding its “use” in civil proceedings and does not render the proof of foreign law unpredictable or inconvenient in practice.