Pickard v Marshall & Ors

Pickard v Marshall & Ors

French law applies to the liability issue because the tort/delict is manifestly more closely connected with France, considering all circumstances including the location of the accident, nationality of the driver, and insurance arrangements, as required by Article 4(3) of Rome II Regulation.

Parties
First Appellant: Christopher Pickard; First Respondent: Gillian Marshall; Second Respondent: Motor Insurers’ Bureau; 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
Legal Topics
Choice of Law in Tort, Rome II Regulation, Road Traffic Accident Liability
Conflict of Laws Tort Law Choice of Law in Tort Rome II Regulation 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

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 between Mrs Marshall and Mr Pickard under Rome II Regulation Article 4

Ratio Decidendi

French law applies to the liability issue because the tort/delict is manifestly more closely connected with France, considering all circumstances including the location of the accident, nationality of the driver, and insurance arrangements, as required by Article 4(3) of Rome II Regulation.