Part II Preliminary Topics, Ch.6 Substance and Procedure
J J Fawcett LLB, PhD, Solicitor, J M Carruthers LLB (Hons), Dip LP, PhD, SolicitorEdited By: Sir Peter North CBE, QC, MA, DCL, FBA
James J Fawcett, Janeen M CarruthersEdited By: Sir Peter North (Consultant Editor)
- 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...