Pickard v Marshall & Ors [2017] EWCA Civ 17 (19 January 2017)

Pickard v Marshall & Ors [2017] EWCA Civ 17 (19 January 2017)

French law applies to the liability issue because, considering all the circumstances of the case, the tort is manifestly more closely connected with France than with England, as required by Article 4(3) of the Rome II Regulation.

Citation
[2017] EWCA Civ 17
Parties
First Appellant: Christopher Pickard; First Respondent: Gillian Marshall; Second Respondent: Motor Insurers' Bureau; Second Appellant / Third Respondent: Generali France Assurances; Fourth Respondent: Royal & Sun Alliance
Jurisdiction
England and Wales
Judgment Date
19 January 2017
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Choice of Law, Rome II Regulation, Non Contractual Obligations, Road Traffic Accident Liability
Private International Law Tort Law Choice of Law Rome II Regulation Non Contractual Obligations Road Traffic Accident Liability

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Parties

Christopher Pickard

First Appellant

Gillian Marshall

First Respondent

Motor Insurers' Bureau

Second Respondent

Generali France Assurances

Second Appellant / Third Respondent

Royal & Sun Alliance

Fourth Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether French or English law applies to liability in a cross-border road traffic accident under Rome II Regulation Article 4

Ratio Decidendi

French law applies to the liability issue because, considering all the circumstances of the case, the tort is manifestly more closely connected with France than with England, as required by Article 4(3) of the Rome II Regulation.

Court Disposition

Permission to appeal refused

Orders

  • Mr Pickard's application for permission to appeal is refused.
  • Generali's contingent application for permission to appeal is not considered.