Owen v Galgey & Ors [2020] EWHC 3546 (QB) (21 December 2020)

Owen v Galgey & Ors [2020] EWHC 3546 (QB) (21 December 2020)

French law applies to the claims against the First, Second, and Third Defendants under Article 4(3) Rome II because, considering all the circumstances, the tort is manifestly more closely connected with France: the accident and damage occurred in France, the property is in France, the relevant contracts and insurance are governed by French law, and the claims against other defendants are governed by French law. The connection to France clearly outweighs the habitual residence connection to England.

Citation
[2020] EWHC 3546
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
French law applies to the claims against the First, Second, and Third Defendants.
Legal Topics
Applicable Law in Tort, Rome II Regulation, Conflict of Laws, Personal Injury Abroad, Strict Liability, Negligence, Custodianship of Property
Private International Law Tort Law Personal Injury Applicable Law in Tort Rome II Regulation Conflict of Laws Personal Injury Abroad Strict Liability +2 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 English or French law applies to the claim against the First, Second, and Third Defendants under Article 4 of the Rome II Regulation

Ratio Decidendi

French law applies to the claims against the First, Second, and Third Defendants under Article 4(3) Rome II because, considering all the circumstances, the tort is manifestly more closely connected with France: the accident and damage occurred in France, the property is in France, the relevant contracts and insurance are governed by French law, and the claims against other defendants are governed by French law. The connection to France clearly outweighs the habitual residence connection to England.

Court Disposition

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

Orders

  • It is declared that French law is the applicable law for the claims against the First, Second, and Third Defendants pursuant to Article 4(3) of the Rome II Regulation.