Maria Hook, 2014
The author examines the effect of choice of law agreements on the courts’ exercise of jurisdiction. The focus is on whether English courts should exercise jurisdiction to uphold choice of law agreements that would otherwise be defeated in a competing forum. The author argues that the two main reasons advanced in support of this approach, that courts should prioritise the choice of law rules of the forum and that the parties should be held to their agreement, are not justifiable in principle. The author goes on to analyse how these reasons risk undermining the principle of close connection and party autonomy.
Jack Wass and Maria Hook, 2017
The authors comment upon various aspects of the Private International Law (Choice of Law in Tort) Bill. The Bill abolishes the long-standing double actionability rule governing the choice of law in tort claims in New Zealand. The approach mandated by the Bill is that the New Zealand courts apply the lex loci delicti, with a flexible exception where the case is substantially more closely connected with another country. The authors explain the Bill’s approach and argue that it is sufficiently versatile to cover claims such as defamation and breach of intellectual property rights. The authors suggest that the Bill should exclude the doctrine of renvoi, given that the function of choice of law rules is to identify which country’s law New Zealand courts, not foreign courts, should apply to a particular claim. Finally, the authors recommend that the Bill allow for future common law developments in cases where parties agree as to the law that should apply to tort claims arising within their relationship.
Maria Hook and Jack Wass, 2017
The authors analyse and critique the Court of Appeal's decision in New Zealand Basing Ltd v Brown  NZCA 525,  2 NZLR 93. The issue in this case was whether New Zealand-based pilots could seek relief under the Employment Relations Act 2000 in relation to impending dismissal by their Hong Kong-based employer. The employment contracts were expressly governed by the law of Hong Kong.