What is lex fori?

Lex fori: the evidence that shall governed by the law of the place where the dispute arises.

in Bain v White Level & Furness Function Railway Co36 where Lord Birmingham observed:

The law of evidence is the “lex fori” which governs the court. Whether a witness is competent or not,
whether a certain matter requires to be proved by writing or not, whether certain evidence proves a
certain fact or not, that is to be determined by the law of the country where the question arises, where
the remedy is sought to be enforced and where the court sits to enforce it …

Re Cohn:

This case is about a mother and a daughter who is german national and domiciled in Germany who were
killed in an air raid in London. It cannot be proved which one of them died first/ which one of them had
survived the others.

“The daughter was entitled to moveable property under her mother’s will if she survived her mother”.

*mrs cohn and her huband appointed each other their legal heirs after the death of the survivor of us the
entire estate shall pass in equal shares to therr children Mrs.
Oppenheimer, Mrs. Else Freudenthal and Siegfried Cohn.

On October 14, 1940, Mrs. Cohn and Mrs. Oppenheimer were killed in London in an air raid as the result
of the same explosion.

Relevancy
Admissibility