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

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.

Author
Elsabe Schoeman
Published in
New Zealand Business Law Quarterly
Year
2007
Volume
13
Pages
3-15

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