Maher & Anor v Groupama Grand Est

Maher & Anor v Groupama Grand Est

Damages are to be assessed by reference to English law as the lex fori because the issue arises in tort, not contract. The power to award interest under section 35A of the Senior Courts Act 1981 is procedural and available to the court, but the existence of a substantive right to interest is governed by French law as the lex causae. Both English and French law may be relevant to the award of interest depending on the facts.

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
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Assessment of Damages, Conflict of Laws, Award of Interest, Direct Action Against Insurer
Private International Law Tort Law Insurance Law Assessment of Damages Conflict of Laws Award of Interest Direct Action Against Insurer

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Parties

Gerard Maher

Claimant/respondent

Daniela Maher

Claimant/respondent

Groupama Grand Est

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether damages should be assessed by reference to English law or French law
  2. 2 Whether the award of pre-judgment interest should be determined in accordance with English law or French law

Ratio Decidendi

Damages are to be assessed by reference to English law as the lex fori because the issue arises in tort, not contract. The power to award interest under section 35A of the Senior Courts Act 1981 is procedural and available to the court, but the existence of a substantive right to interest is governed by French law as the lex causae. Both English and French law may be relevant to the award of interest depending on the facts.

Court Disposition

Appeal dismissed

Orders

  • Damages to be assessed by reference to English law
  • Court may award interest under section 35A of the Senior Courts Act 1981, considering both English and French law as relevant