Conflict of laws

It was settled law that the underpinning of the exclusionary rule set out in British South Africa Co v Companhia de Mocambique [1891-4] All ER Rep 640 (the Mocambique rule) had been eroded. All that was left of the Mocambique rule, except to the extent that it was modified by the Brussels I Regulation, was that there was no jurisdiction in proceedings for infringement of rights in foreign land where the proceedings were principally concerned with a question of the title to, or the right to possession of, foreign property. It had nevertheless been settled law that, before the Mocambique rule could apply, the proceedings had to raise directly the issue of title to foreign land.