The claimant had been injured in a traffic accident in Australia. The parties lived together in England, but the driver was insured by an Australian company. He sought to sue here to avoid a limitation on damages imposed by Australian law. The issue was as to whether Australian rules should apply also here to the calculation of the damages. Is it a procedural or substantive question.
Held: The restriction in the damages claim which would have applied in Australia was procedural not substantive, and the claimant could bring his action in the English court.
Judges:
Elias J
Citations:
Unreported, 27 May 2004
Statutes:
Private International Law (Miscellaneous Provisions) Act 1995
Cited by:
Appeal from – Harding v Wealands CA 17-Dec-2004
The claimant sought damages here for a road traffic accident which had occurred in Australia. The defendant was working in England. The defendant argued that the law of New South Wales applied.
Held: The general rule in section 11 was not to . .
At First Instance – Harding v Wealands HL 5-Jul-2006
Claim in UK for Accident in Australia
The claimant had been a passenger in a car driven by his now partner. They had an accident in New South Wales. The car was insured in Australia. He sought leave to sue in England and Wales because Australian law would limit the damages.
Held: . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction, Personal Injury
Updated: 30 April 2022; Ref: scu.222520
