Deborah Wood v Foyer Assurances SA

Deborah Wood v Foyer Assurances SA

The Defendant is liable for the accident because its insured, Mr Nunes-Azevedo, was driving at a speed well in excess of the limit, in breach of section 10.1 of the Belgian Traffic Code, and this was causally linked to the collision. However, the deceased, Mr Schmit, was contributorily negligent for failing to stop in the cycle lane to gain a better view, which would have avoided the collision. Liability is apportioned equally at 50% each. The claim under section 29bis of the Law of 21 November 1989 is not time-barred. Damages are assessed under Belgian law, with certain heads of loss adjusted from the indicative tables to reflect the facts.

Parties
Claimant: Ms Deborah Wood; Defendant: Foyer Assurances SA
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil Tort (personal Injury / Fatal Accident) / Judgment After Trial
Outcome
Claim allowed subject to 50% contributory negligence; damages awarded; interim payment on account of costs ordered.
Legal Topics
Road Traffic Accident, Liability, Contributory Negligence, Applicable Law (rome Ii), Foreign Law (belgian Law), Damages Assessment, Limitation, Res Judicata, Interest on Damages
Tort Law Private International Law Civil Procedure Road Traffic Accident Liability Contributory Negligence Applicable Law (rome Ii) Foreign Law (belgian Law) +4 more

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Parties

Ms Deborah Wood

Claimant

Foyer Assurances SA

Defendant

Procedural Posture

Civil Tort (personal Injury / Fatal Accident) / Judgment After Trial

Legal Issues

  1. 1 Whether the Defendant is liable for the fatal road traffic accident under Belgian law
  2. 2 Whether the Claimant's claim is time-barred under section 29bis of the Law of 21 November 1989
  3. 3 Assessment of contributory negligence between the parties

Ratio Decidendi

The Defendant is liable for the accident because its insured, Mr Nunes-Azevedo, was driving at a speed well in excess of the limit, in breach of section 10.1 of the Belgian Traffic Code, and this was causally linked to the collision. However, the deceased, Mr Schmit, was contributorily negligent for failing to stop in the cycle lane to gain a better view, which would have avoided the collision. Liability is apportioned equally at 50% each. The claim under section 29bis of the Law of 21 November 1989 is not time-barred. Damages are assessed under Belgian law, with certain heads of loss adjusted from the indicative tables to reflect the facts.

Court Disposition

Claim allowed subject to 50% contributory negligence; damages awarded; interim payment on account of costs ordered.

Orders

  • Defendant to pay the Claimant damages as assessed, subject to 50% reduction for contributory negligence.
  • Defendant to pay interest on damages at Belgian rates as adjusted per the judgment.