Elsabe Schoeman and Rosemary Tobin, 2005
The authors examine the nature and effect of the statutory bar on compensatory damages in the Injury Prevention, Rehabilitation, and Compensation Act 2001 within the context of the double actionability rule for transnational torts. The focus is on the aims of the Accident Compensation Scheme and the implications of characterising the statutory bar as either substantive or procedural. With reference to recent developments in regard to the characterisation of comparable rules restricting or barring the recovery of damages, the authors support a substantive characterisation.
Campbell McLachlan, 2004
This article focuses on the growth in international commercial litigation in the English courts over a period of 25 years and the emphasis this has placed on the process of litigation. The author examines the impact of this on choice of law and the broader discipline of private international law.