Winrow v Hemphill & Anor

Winrow v Hemphill & Anor

German law applies to the assessment of damages because the accident and injury occurred in Germany, and both the claimant and the First Defendant were habitually resident there at the time. The claimant failed to establish that the circumstances were sufficiently exceptional to displace the general rule under Article 4(1) of Rome II by operation of Article 4(2) or 4(3).

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
Personal Injury Claim (road Traffic Accident) / Preliminary Issue Determination on 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, Habitual Residence, Assessment of Damages, Personal Injury, Jurisdiction
Private International Law Tort Law Applicable Law in Tort Rome II Regulation Habitual Residence Assessment of Damages Personal Injury Jurisdiction

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Parties

Gaynor Winrow

Claimant

Mrs J Hemphill

First Defendant

Ageas Insurance Limited

Second Defendant

Procedural Posture

Personal Injury Claim (road Traffic Accident) / Preliminary Issue Determination on 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

Ratio Decidendi

German law applies to the assessment of damages because the accident and injury occurred in Germany, and both the claimant and the First Defendant were habitually resident there at the time. The claimant failed to establish that the circumstances were sufficiently exceptional to displace the general rule under Article 4(1) of Rome II by operation of Article 4(2) or 4(3).

Court Disposition

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

Orders

  • The law applicable to the claim in tort is German law.