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Are cumulative causes of action permissible under the common law conflicts principles? Ought this to be so?
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ARE CUMULATIVE CAUSES OF ACTION PERMISSIBLE UNDER THE COMMON LAW CONFLICTS PRINCIPLES? OUGHT THIS TO BE SO? Introduction: 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...
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