Marshall v The Motor Insurers' Bureau & Ors [2015] EWHC 3421 (QB) (27 November 2015)

Marshall v The Motor Insurers' Bureau & Ors [2015] EWHC 3421 (QB) (27 November 2015)

French law applies to liability for both Mrs Marshall and Mr Pickard's claims. Under French law (Loi Badinter), both the Ford Fiesta and the recovery truck were 'involved' in the accident concerning Mr Marshall, making RSA and Generali liable to Mrs Marshall. For Mr Pickard, neither RSA nor Generali are liable, so the FdG (and thus the MIB under the 2003 Regulations) is liable to him. The MIB is not liable to Mrs Marshall because other insurers are liable under French law.

Citation
[2015] EWHC 3421 (QB)
Parties
Claimant: Gillian Marshall (widow and administratix of the estate of Paul Marshall, deceased); First Defendant (first Action), Defendant (second Action): The Motor Insurers' Bureau; Second Defendant (first Action), Claimant (second Action): Christopher Pickard; Third Defendant (first Action): Generali France Assurances
Jurisdiction
England and Wales
Judgment Date
27 November 2015
Procedural Posture
Preliminary Issue Hearing in Civil Actions (personal Injury/fatal Accident) / Judgment on Preliminary Issues
Outcome
Preliminary issues determined: French law applies to liability; RSA and Generali liable to Mrs Marshall; FdG (and thus MIB) liable to Mr Pickard; MIB not liable to Mrs Marshall.
Legal Topics
Applicable Law Under Rome II, Interpretation of Loi Badinter, Motor Insurance Directives, Liability of Compensation Bodies, Cross Border Road Traffic Accidents
Private International Law Insurance Law Tort Law European Union Law Applicable Law Under Rome II Interpretation of Loi Badinter Motor Insurance Directives Liability of Compensation Bodies +1 more

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Parties

Gillian Marshall (widow and administratix of the estate of Paul Marshall, deceased)

Claimant

The Motor Insurers' Bureau

First Defendant (first Action), Defendant (second Action)

Christopher Pickard

Second Defendant (first Action), Claimant (second Action)

Generali France Assurances

Third Defendant (first Action)

Procedural Posture

Preliminary Issue Hearing in Civil Actions (personal Injury/fatal Accident) / Judgment on Preliminary Issues

Legal Issues

  1. 1 What is the applicable law for liability in cross-border road traffic accidents under Rome II?
  2. 2 Are the Ford Fiesta and recovery truck 'involved' under the Loi Badinter?
  3. 3 Is the Motor Insurers' Bureau liable under the 2003 Regulations when other insurers are liable under French law?

Ratio Decidendi

French law applies to liability for both Mrs Marshall and Mr Pickard's claims. Under French law (Loi Badinter), both the Ford Fiesta and the recovery truck were 'involved' in the accident concerning Mr Marshall, making RSA and Generali liable to Mrs Marshall. For Mr Pickard, neither RSA nor Generali are liable, so the FdG (and thus the MIB under the 2003 Regulations) is liable to him. The MIB is not liable to Mrs Marshall because other insurers are liable under French law.

Court Disposition

Preliminary issues determined: French law applies to liability; RSA and Generali liable to Mrs Marshall; FdG (and thus MIB) liable to Mr Pickard; MIB not liable to Mrs Marshall.

Orders

  • Second and Third Defendants (RSA and Generali) are liable to compensate Mrs Marshall.
  • Fonds de Garantie (FdG) is liable to compensate Mr Pickard but not Mrs Marshall.