Harding v Wealands
| Jurisdiction | UK Non-devolved |
| Judge | LORD BINGHAM OF CORNHILL,LORD WOOLF,LORD HOFFMANN,LORD RODGER OF EARLSFERRY,LORD CARSWELL |
| Judgment Date | 05 July 2006 |
| Neutral Citation | [2006] UKHL 32 |
| Date | 05 July 2006 |
| Court | House of Lords |
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78 cases
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Cox v Ergo Versicherung AG (formerly known as Victoria)
...proviso is to preserve the distinction between substance and procedure. 14 The leading case is the decision of the House of Lords in Harding v Wealands [2006] 2 AC 1. The appeal arose out of an action in England for personal injury caused by a road accident in New South Wales. Under New Sou......
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Ahmad Hamad Algosaibi and Brothers Company v Saad Investments Company Ltd, Al Sanea and Others
...(4th) 129; [1993] 2 SCR 159, considered. (31) Hampshire Land Co., In re, [1896] 2 Ch. 743, considered. (32) Harding v. Wealands, [2006] UKHL 32; [2007] 2 A.C. 1; [2006] 3 W.L.R. 83; [2006] 4 All E.R. 1; [2006] 2 CLC 193; [2006] RTR 35, referred to. (33) Henderson v. Dorset Healt......
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Ahmad Hamad Algosaibi and Brothers Company (“AHAB”) v Saad Investments Company Ltd (in Official Liquidation) (“SICL”) and Others
...to Counterclaim of the GTDs, {A1/15.2/27}. 2338 [2008] EWHC 2613 (Comm) at [298] per Clarke J. 2339 [2014] UKSC 22 at [17]. 2340 [2007] 2 AC 1 at 2341 Above at [74]. 2342 Day 104, page 187, line 25 to page 188, line 18 {Day104/187:25}. 2343 Cox v Ergo Versicherung AG [2014] UKSC 22 at [4......
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The Police Federation v The Commissioner of The Independent Commission of Investigations
...debates to aid in its construction of the Act. Mrs Samuels Brown submitted, in reliance on Pepper v Hart [1993] AC 593 and Harding v Wealands [2006] UKHL 32; [2007] 2 AC 1, that where there is perceived ambiguity in the language of a statute, resort may be had to the parliamentary debates......
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4 firm's commentaries
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The Weekly Roundup: The State Authority Edition
...This was the position before Rome II and continues to be the position for all cases to which the 1995 Act applies (Harding v Wealands [2006] UKHL 32). Under Rome II, in contrast, the law applicable to substantive matters includes both the determination of the head of loss and the assessment......
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The Weekly Roundup: The State Authority Edition
...This was the position before Rome II and continues to be the position for all cases to which the 1995 Act applies (Harding v Wealands [2006] UKHL 32). Under Rome II, in contrast, the law applicable to substantive matters includes both the determination of the head of loss and the assessment......
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Star Wars Episode III - English Supreme Court decision: A New Hope for the enforcement of non-EU copyrights, or a Phantom Menace for UK-domiciled entities?
...14(3) of the Private International Law (Miscellaneous Provisions) Act 1995, and Boys v Chaplin [1971] A.C. 356 and Harding v Wealands [2006] UKHL 32. 7 Article 15(c) of Rome II. That might be contrasted with the wording of Article 12(1)(c) of Rome I (i.e. Regulation (EC) No 593/2008 of the ......
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A Costly Choice (Of Law): Determining The Damages Available For An Extra-Territorial Tort
...laws would be determinative). Lord Sumpton considered the leading UK authority, the decision of the House of Lords in Harding v Wealands, [2007] 2 AC 1. In Harding, the House of Lords held that questions of procedure did not solely comprise the rules governing the manner in which proceeding......
13 books & journal articles
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Pleading and proving foreign law in Australia.
...South Africa, Howie P, Scott, Zulman and van Heerden JJA and Cachalia AJA, 3 March 2006); Harding v Wealands [2005] 1 All ER 415; revd [2006] 4 All ER 1. (18) See below Part (19) Zhang (2002) 210 CLR 491, 521 (Gleeson CJ, Gaudron, McHugh, Gummow and Hayne JJ). Callinan J dissented on this p......
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International Multiple Derivative Actions.
...(U.K.) (223.) See GRAEME JOHNSTON & PAUL HARRIS, THE CONFLICT OF LAWS IN HONG KONG 576 (3d ed. 2017). (224.) Harding v. Wealands, [2006] UKHL 32, 2 A.C. 1 (appeal taken from Eng.) ("Whatever relates to the remedy to be enforced, must be determined by the lex fori, the law of the country......
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Accidents - Choice of Law and Jurisdiction
...application of the Spanish assessment of damage principles, using the Baremo – Spanish for ‘tariff’ – system. 111 Harding v Wealands [2006] UKHL 32, [2006] 2 AC 1. See, e.g. R Plender and M Wilderspin (2009) European Private International Law of Obligations (3rd edn) Sweet & Maxwell, London......
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Cross-border litigation in England and Wales
...18.71. R. Garnett, Substance and Procedure in Private International Law (Oxford University Press, 2012).72. See (UK) Harding v. Wealands, [2006] UKHL 32 (HL), para. 66–67. See more, P.R. Beaumont and Z. Tang, ‘Clas-sification of Delictual Damages—Harding v Wealands and the Rome II Regulatio......
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