Maher & Anor v Groupama Grand Est [2009] EWCA Civ 1191 (12 November 2009)
Damages are to be assessed by reference to English law as a matter of remedy governed by lex fori, and the court's power to award interest under section 35A of the Senior Courts Act 1981 is procedural, allowing both English and French law to be relevant in the exercise of discretion.
- Citation
- [2009] EWCA Civ 1191
- Parties
- Claimant/respondent: Gerard Maher; Claimant/respondent: Daniela Maher; Defendant/appellant: Groupama Grand Est
- Jurisdiction
- England and Wales
- Judgment Date
- 12 November 2009
- Procedural Posture
- Appeal / Court of Appeal (civil Division) Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Assessment of Damages, Interest on Damages, Choice of Law, Direct Action Against Insurer
Case Brief
Summary, issues, holding and outcome
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Parties
Gerard Maher
Claimant/respondent
Daniela Maher
Claimant/respondent
Groupama Grand Est
Defendant/appellant
Procedural Posture
Appeal / Court of Appeal (civil Division) Judgment
Legal Issues
- 1 Whether damages should be assessed under English or French law
- 2 Whether pre-judgment interest should be awarded under English or French law
Ratio Decidendi
Damages are to be assessed by reference to English law as a matter of remedy governed by lex fori, and the court's power to award interest under section 35A of the Senior Courts Act 1981 is procedural, allowing both English and French law to be relevant in the exercise of discretion.
Court Disposition
Appeal dismissed
Orders
- Damages to be assessed under English law
- Court may award interest under section 35A of the Senior Courts Act 1981, considering both English and French law
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