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Articles for the keyword(s) "Limitation on damages"

"Harding v Wealands: Substance v Procedure in the English Courts"

Elsabe Schoeman, 2007

This comment on Harding v Wealands [2006] UKHL 32 addresses two issues in transnational tort litigation: (1) the application of an exception to a general tort choice of law rule, and (2) the role of the substance-procedure dichotomy. The author submits that the substance-procedure distinction is being manipulated to achieve the desired result, while the focus should be on the identification of the appropriate lex causae.