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Part II Preliminary Topics, Ch.6 Substance and Procedure

J J Fawcett LLB, PhD, Solicitor, J M Carruthers LLB (Hons), Dip LP, PhD, Solicitor
Edited By: Sir Peter North CBE, QC, MA, DCL, FBA

From: Cheshire, North & Fawcett: Private International Law (14th Edition)

James J Fawcett, Janeen M Carruthers
Edited By: Sir Peter North (Consultant Editor)

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From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 14 July 2024

Evidence — Parties to litigation — Damages — Burden of proof — Currency of judgment
One of the eternal truths of every system of private international law is that a distinction must be made between substance and procedure, between right and remedy.1 The substantive rights of the parties to an action may be governed by a foreign law, but all matters appertaining to procedure are governed exclusively by the law of the forum.2 At first sight the principle seems almost self-evident. A person who resorts to an English court for the purpose of enforcing a foreign claim cannot expect to occupy a different procedural position from that of a domestic...
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