Knight v Axa Assurances [2009] EWHC 1900 (QB) (24 July 2009)

Knight v Axa Assurances [2009] EWHC 1900 (QB) (24 July 2009)

Damages are to be assessed by reference to English law as the insurer's liability is for the policyholder's tort and not the insurance contract; both French and English law are relevant to the award of pre-judgment interest, with French law providing a substantive head of loss and English law governing assessment.

Source-derived case information.

Citation
[2009] EWHC 1900
Parties
Claimant: Mr. Tim Knight; Defendant: Axa Assurances
Jurisdiction
England and Wales
Judgment Date
24 July 2009
Procedural Posture
Personal Injury Claim / Preliminary Issues Determination
Outcome
Preliminary issues determined in favour of claimant's position on damages; mixed on pre-judgment interest.
Legal Topics
Assessment of Damages, Pre Judgment Interest, Direct Action Against Insurer, Choice of Law
Private International Law Insurance Law Tort Law Assessment of Damages Pre Judgment Interest Direct Action Against Insurer Choice of Law

Source-derived case record

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Parties

Mr. Tim Knight

Claimant

Axa Assurances

Defendant

Procedural Posture

Personal Injury Claim / Preliminary Issues Determination

Legal Issues

  1. 1 Is the assessment of damages governed by English law or French law?
  2. 2 To what extent should the award of pre-judgment interest be governed by English law and/or French law?

Ratio Decidendi

Damages are to be assessed by reference to English law as the insurer's liability is for the policyholder's tort and not the insurance contract; both French and English law are relevant to the award of pre-judgment interest, with French law providing a substantive head of loss and English law governing assessment.

Court Disposition

Preliminary issues determined in favour of claimant's position on damages; mixed on pre-judgment interest.

Orders

  • Damages to be assessed by reference to English law.
  • Both French and English law are relevant to pre-judgment interest; assessment governed by English law.