Homawoo v GMF Assurance SA & Ors [2010] EWHC 1941 (QB) (27 July 2010)

Homawoo v GMF Assurance SA & Ors [2010] EWHC 1941 (QB) (27 July 2010)

No concluded view was expressed on the preliminary issue; the judge determined that the interpretation of Articles 31 and 32 of Rome II is unclear and requires a ruling from the European Court of Justice before the court can determine whether Rome II applies to the Claimant's claim.

Citation
[2010] EWHC 1941 (QB)
Parties
Claimant: Mr Deo Antoine Homawoo; First Defendant: GMF Assurance SA; Second Defendant: Ms Adeline Verbeke; Third Defendant: Mr Stephane Pecqueur
Jurisdiction
England and Wales
Judgment Date
27 July 2010
Procedural Posture
Personal Injury / Preliminary Issue Determination
Outcome
Preliminary issue not determined; reference to ECJ required.
Legal Topics
Temporal Scope of Rome II Regulation, Applicable Law for Non Contractual Obligations, Assessment of Damages in Cross Border Torts
Private International Law Personal Injury Temporal Scope of Rome II Regulation Applicable Law for Non Contractual Obligations Assessment of Damages in Cross Border Torts

Case Brief

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Parties

Mr Deo Antoine Homawoo

Claimant

GMF Assurance SA

First Defendant

Ms Adeline Verbeke

Second Defendant

Mr Stephane Pecqueur

Third Defendant

Procedural Posture

Personal Injury / Preliminary Issue Determination

Legal Issues

  1. 1 Whether Regulation (EC) 864/2007 'Rome II' applies to the Claimant's claim

Ratio Decidendi

No concluded view was expressed on the preliminary issue; the judge determined that the interpretation of Articles 31 and 32 of Rome II is unclear and requires a ruling from the European Court of Justice before the court can determine whether Rome II applies to the Claimant's claim.

Court Disposition

Preliminary issue not determined; reference to ECJ required.

Orders

  • No determination on whether Rome II applies; interpretation of Articles 31 and 32 to be referred to the European Court of Justice.