This is an interesting case for several reasons. First, it represents a comparatively unusual example of a forum conveniens argument about whether a trial should take place in England or in Ethiopa where all the facts were disputed. Normally these applications are decided in a matter of hours, on paper and without live evidence. Not so here. That raises the second issue; expert evidence, in this case on Ethopian law.

Under English law, the proper interpretation of foreign law is a matter of fact, and thus dealt with by way of expert evidence. But there are significant dangers. First, finding an expert in the relevant foreign law can be very difficult, particularly if the law in question is of a far-flung, exotic jurisdiction. The quality, experience and qualifications of the available experts sometimes seems to vary widely. Perhaps more importantly, even if the judge is not on his “home turf” with the foreign law in question, he nevertheless naturally feels pretty comfortable navigating his way around, and interpreting case law reports and statutory rules. Any diffidence that a judge might naturally feel towards an expert tends to disappear if the expert is dealing with questions of law, even if that law is foreign.