Winrow v Hemphill & Anor [2014] EWHC 3164 (QB) (06 October 2014)

Winrow v Hemphill & Anor [2014] EWHC 3164 (QB) (06 October 2014)

German law applies to the assessment of damages because the accident and injury occurred in Germany, and both the claimant and the person claimed to be liable were habitually resident in Germany at the time of the accident. The claimant failed to establish that the tort was manifestly more closely connected with England than with Germany under Article 4(3) of Rome II.

Citation
[2014] EWHC 3164 (QB)
Parties
Claimant: Gaynor Winrow; First Defendant: Mrs J Hemphill; Second Defendant: Ageas Insurance Limited
Jurisdiction
England and Wales
Judgment Date
06 October 2014
Procedural Posture
Preliminary Issue in Personal Injury Claim / Determination of Applicable Law for Assessment of Damages
Outcome
Application dismissed. German law applies to the assessment of damages.
Legal Topics
Applicable Law in Tort, Rome II Regulation, Personal Injury Damages, Habitual Residence, Conflict of Laws
Private International Law Tort Law Applicable Law in Tort Rome II Regulation Personal Injury Damages Habitual Residence Conflict of Laws

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Parties

Gaynor Winrow

Claimant

Mrs J Hemphill

First Defendant

Ageas Insurance Limited

Second Defendant

Procedural Posture

Preliminary Issue in Personal Injury Claim / Determination of Applicable Law for Assessment of Damages

Legal Issues

  1. 1 Whether German or English law applies to the assessment of damages for personal injury arising from a road traffic accident in Germany involving UK nationals.

Ratio Decidendi

German law applies to the assessment of damages because the accident and injury occurred in Germany, and both the claimant and the person claimed to be liable were habitually resident in Germany at the time of the accident. The claimant failed to establish that the tort was manifestly more closely connected with England than with Germany under Article 4(3) of Rome II.

Court Disposition

Application dismissed. German law applies to the assessment of damages.

Orders

  • The preliminary issue is determined in favour of the defendants; German law is the applicable law for the assessment of damages in this claim.