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Substance and Procedure in the Law Applicable to Torts – Harding v Wealands and the Rome II Regula

21st November 2006

Conflict of laws - Torts - Assessment of Damages

Foreign scales of compensation in English courts?

In the law of damages, a deceivingly simple distinction is drawn between categories of damages (substantive) and the quantification of damages (procedural). Despite this simple distinction, the boundaries between procedural and substantive issues in damages claims can be blurred.

This seminar will feature an in-depth discussion of the recent HL decision in Harding v. Wealands illustrating the deceptive nature of the substance/procedure distinction in the law of damages. The seminar will further provide a detailed outlook at the relevant rules under the prospective European Rome II Regulation on the law applicable to non-contractual obligations which is set to be adopted by the European Parliament by December.

This seminar is part of the British Institute's seminar series on private international law which will run throughout the Autumn of 2006 and well into 2007 entitled Private International Law in the UK: Current Topics and Changing Landscapes.


The British Institute's Series on Private International Law is kindly sponsored by:

If you have any queries relating to this event, please contact Jacob van de Velden. If you would like to receive updates similar Institute events, please sign up to this website. Those with a particular interest in private international law are also encouraged to sign up to the Institute's Private International Law Discussion List.

2 CPD hours may be claimed by both solicitors and barristers through attendance at this event.

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