Harding v Wealands – the Final Word on Assessment of Damages under English Law?
Yet another casenote on Harding v Wealands (2006) has been published, this time in the new issue of the Civil Justice Quarterly, written by Hakeem Seriki (C.J.Q. 2007, 26(Jan), 28-36). Here's the abstract:
Examines English and Australian case law on the classification of issues as either substantive or procedural in the context of a conflict of laws. Comments on the first instance, Court of Appeal, and House of Lords decisions in Harding v Wealands on whether the assessment of damages in respect of a car accident in Australia was a "question of procedure" within the meaning of the Private International Law (Miscellaneous Provisions) Act 1995 s.14(3)(b) so that the law of the forum, rather than the law of New South Wales, applied.
The Civil Justice Quarterly, to my knowledge, isn't accessible online, so you'll have to get your hands on a copy of the Journal itself to read the article.