Bianco v Bennett

Bianco v Bennett

The subrogated claims pleaded by the claimant in respect of sums paid or payable by INAIL and Tesco Go are not recoverable under English law, as the only recoverable heads of loss under the Fatal Accidents Act 1976 do not include such claims. Article 85 of Regulation (EC) No 883/2004 does not require English courts to recognise substantive claims exceeding those available under English law, and foreign law must be pleaded and proven, which was not done. Accordingly, the answer to the preliminary issue is no.

Parties
Claimant: Daniela Bianco (Widow and Administratrix of the estate of the late Vladimiro Capano on behalf of herself and dependant children); Defendant: Anthony J Bennett
Jurisdiction
England and Wales
Judgment Date
12 March 2015
Procedural Posture
Civil Personal Injury / Fatal Accident / Judgment on Preliminary Issue Regarding Recoverability of Subrogated Claims
Outcome
Preliminary issue determined in favour of the defendant; subrogated claims not recoverable.
Legal Topics
Fatal Accidents Act, Law Reform (miscellaneous Provisions) Act, Subrogation, Foreign Law Evidence, Rome II Regulation, EU Social Security Coordination, Assessment of Damages
Tort Law Private International Law Conflict of Laws European Union Law Fatal Accidents Act Law Reform (miscellaneous Provisions) Act Subrogation Foreign Law Evidence +3 more

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Parties

Daniela Bianco (Widow and Administratrix of the estate of the late Vladimiro Capano on behalf of herself and dependant children)

Claimant

Anthony J Bennett

Defendant

Procedural Posture

Civil Personal Injury / Fatal Accident / Judgment on Preliminary Issue Regarding Recoverability of Subrogated Claims

Legal Issues

  1. 1 Are the subrogated claims pleaded at items 7, 8, and 9 of the Schedule of Loss recoverable by the claimant on behalf of INAIL and Tesco Go from the defendant?
  2. 2 Does Article 85 of Regulation (EC) No 883/2004 require recognition of subrogated claims under Italian law in English proceedings?
  3. 3 Can unpleaded and unproven foreign law be relied upon to support subrogated claims in English courts?

Ratio Decidendi

The subrogated claims pleaded by the claimant in respect of sums paid or payable by INAIL and Tesco Go are not recoverable under English law, as the only recoverable heads of loss under the Fatal Accidents Act 1976 do not include such claims. Article 85 of Regulation (EC) No 883/2004 does not require English courts to recognise substantive claims exceeding those available under English law, and foreign law must be pleaded and proven, which was not done. Accordingly, the answer to the preliminary issue is no.

Court Disposition

Preliminary issue determined in favour of the defendant; subrogated claims not recoverable.

Orders

  • Claims pleaded in items 7, 8, and 9 of the Schedule of Loss dated 4th June 2014 are not recoverable by the claimant.
  • Further consequential orders to be determined after hearing counsel.