PREVIOUS FINDINGS OF FOREIGN LAW CAN BE BINDING: THE ACT, THE NOTICES AND A CASE
We have looked at the decision in Kazakhstan Kagazy Plc & Ors v Zhunus & Ors  EWHC 3374 (Comm) Mr Justice Picken in the context of the Foreign Limitation Periods Act. There was a brief description of a little used part of the CPR which is worth looking at, if only for its rarity.
SECTION 4 (2) OF THE CIVIL EVIDENCE ACT 1972
Where foreign law is in issue in domestic courts this has to be proven. Section 4(1) allows this to be done by expert evidence. Section 4(2) provides a mechanism where a party can rely on a previous finding by the domestic courts as evidence of what
(2)Where any question as to the law of any country or territory outside the United Kingdom, or of any part of the United Kingdom other than England and Wales, with respect to any matter has been determined (whether before or after the passing of this Act) in any such proceedings as are mentioned in subsection (4) below, then in any civil proceedings (not being proceedings before a court which can take judicial notice of the law of that country, territory or part with respect to that matter)—
(a)any finding made or decision given on that question in the first-mentioned proceedings shall, if reported or recorded in citable form, be admissible in evidence for the purpose of proving the law of that country, territory or part with respect to that matter; and
(b)if that finding or decision, as so reported or recorded, is adduced for that purpose, the law of that country, territory or part with respect to that matter shall be taken to be in accordance with that finding or decision unless the contrary is proved:
Provided that paragraph (b) above shall not apply in the case of a finding or decision which conflicts with another finding or decision on the same question adduced by virtue of this subsection in the same proceedings.
(3)Except with the leave of the court, a party to any civil proceedings shall not be permitted to adduce any such finding or decision as is mentioned in subsection (2) above by virtue of that subsection unless he has in accordance with rules of court given to every other party to the proceedings notice that he intends to do so.”
The requirements to comply with Section 4(2) are at CPR 33.7.