11 Remedies II
James J. Fawcett
- Alternative compensation schemes — Deductibility of benefits — Heads of damages — Interest — Quantification — Notice before action requirements — Statutory compensation — Overriding mandatory rules — Public policy — Applicable law — Rome Convention — Rome I Regulation and choice of law — Scope of the law applicable under the Rome II Regulation
11.01 Under common law cases of tort and contract, the distinction between substance and procedure has arisen frequently in relation to a number of issues concerning damages, in particular, limitations on damages and the issue of quantification or assessment. Questions have also arisen about the proper role of public policy in protecting the interests of the forum. In the United Kingdom, in the case of tort and contract, EU instruments now apply: specifically, in the case of contracts entered into before 17 December 2009, the Rome Convention and, on or after that...