Owners of an American ship which had collided with and sunk another American ship applied to limit their liability pursuant to section 504 of the Merchant Shipping Act 1854. Held: The section did not apply to collisions between foreigners. When the owners argued that the limitation rule was procedural and should therefore be applied as … Continue reading Cope v Doherty: 1858
Turner LJ: ‘An attempt was made on the part of the appellants to bring this case within Don v Lippman and cases of that class, but I think those cases have no bearing upon the point. This is a question of liability, and not of procedure.’ Judges: Turner LJ Citations: (1858) 2 De G and … Continue reading Cope v Doherty: CA 2 Jan 1858
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 be displaced. Roerig implied a bright line between matters of assessment and heads … Continue reading Harding v Wealands: CA 17 Dec 2004
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: . .