Harding v. Wealands
United Kingdom House of Lords
2 A.C. 1 (2006)
- Written by Mary Phelan D'Isa, JD
Facts
Mr. Harding (plaintiff), an Englishman, was severely injured in a car accident in Australia when he was a passenger in a car being driven by his partner, Ms. Wealands (defendant), an Australian. Wealands owned the car and carried liability insurance from an Australian company. Australian law limits recovery for lost earnings and noneconomic damages. Under Australian law, Harding would recover about 30 percent less than he would under English law. Harding sued Wealands to recover for his damages in England. The trial court applied English damages law because it found that they were procedural and, alternatively, because it found that even if the damages were more substantive, under English law it was substantially more important to apply the forum law. The appellate court reversed, and Harding appealed.
Rule of Law
Issue
Holding and Reasoning (Lord Hoffman, J.)
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