Owen v Galgey & Ors

Owen v Galgey & Ors

The court held that the tort/delict was manifestly more closely connected with France than England, considering the location of the accident, the property, the works, the governing law of related contracts, the nationality and habitual residence of the parties, and the fact that claims against other defendants were governed by French law. Therefore, French law applies to the claims against the First, Second and Third Defendants under Article 4(3) of the Rome II Regulation.

Parties
Claimant: Mr Gary Owen; First Defendant: Mr William Galgey; Second Defendant: Mrs Sarah Galgey; Third Defendant: Allianz IARD SA; Fourth Defendant: Maintenance Installation Realisation Piscines SARL (t/a M.I.R Piscines); Fifth Defendant: Caisse Regionale d’Assurances Mutuelles Agricoles Mediterranee CRAMA (t/a Groupama Mediterranee)
Jurisdiction
England and Wales
Judgment Date
21 December 2020
Procedural Posture
Preliminary Issue in Personal Injury Claim / Judgment on Applicable Law Under Rome II Regulation
Outcome
Declaration that French law applies to the claims against the First, Second and Third Defendants.
Legal Topics
Applicable Law, Rome II Regulation, Conflict of Laws, Personal Injury Abroad, Habitual Residence, Escape Clause, Strict Liability, Negligence
Private International Law Tort Law Personal Injury Applicable Law Rome II Regulation Conflict of Laws Personal Injury Abroad Habitual Residence +3 more

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Parties

Mr Gary Owen

Claimant

Mr William Galgey

First Defendant

Mrs Sarah Galgey

Second Defendant

Allianz IARD SA

Third Defendant

Maintenance Installation Realisation Piscines SARL (t/a M.I.R Piscines)

Fourth Defendant

Caisse Regionale d’Assurances Mutuelles Agricoles Mediterranee CRAMA (t/a Groupama Mediterranee)

Fifth Defendant

Procedural Posture

Preliminary Issue in Personal Injury Claim / Judgment on Applicable Law Under Rome II Regulation

Legal Issues

  1. 1 Whether French or English law applies to the claims against the First, Second and Third Defendants under Article 4 of the Rome II Regulation

Ratio Decidendi

The court held that the tort/delict was manifestly more closely connected with France than England, considering the location of the accident, the property, the works, the governing law of related contracts, the nationality and habitual residence of the parties, and the fact that claims against other defendants were governed by French law. Therefore, French law applies to the claims against the First, Second and Third Defendants under Article 4(3) of the Rome II Regulation.

Court Disposition

Declaration that French law applies to the claims against the First, Second and Third Defendants.

Orders

  • The law applicable to the claims brought by the Claimant against the First, Second and Third Defendants is French law.