Maher & Anor v Groupama Grand EST

Maher & Anor v Groupama Grand EST

The assessment of damages in a direct action against an insurer, where liability is admitted and the underlying claim is tortious, is a procedural issue governed by English law as the law of the forum. The right to pre-judgment interest is an issue in tort and depends on French law, but the rate and exercise of discretion are governed by English law as the lex fori.

Parties
Claimant: Gerard Maher; Claimant: Daniela Maher; Defendant: Groupama Grand Est
Jurisdiction
England and Wales
Judgment Date
23 January 2009
Procedural Posture
Civil (personal Injury, Insurance) / Preliminary Issues Determination After Judgment on Liability
Outcome
Preliminary issues determined: damages to be assessed under English law; both French and English law potentially relevant to pre-judgment interest depending on facts.
Legal Topics
Assessment of Damages, Pre Judgment Interest, Direct Action Against Insurer, Conflict of Laws
Private International Law Insurance Law Tort Law Assessment of Damages Pre Judgment Interest Direct Action Against Insurer Conflict of Laws

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

Gerard Maher

Claimant

Daniela Maher

Claimant

Groupama Grand Est

Defendant

Procedural Posture

Civil (personal Injury, Insurance) / Preliminary Issues Determination After Judgment on Liability

Legal Issues

  1. 1 Whether assessment of damages is governed by English or French law in a direct action against a foreign insurer
  2. 2 Whether pre-judgment interest is governed by English or French law in such a claim

Ratio Decidendi

The assessment of damages in a direct action against an insurer, where liability is admitted and the underlying claim is tortious, is a procedural issue governed by English law as the law of the forum. The right to pre-judgment interest is an issue in tort and depends on French law, but the rate and exercise of discretion are governed by English law as the lex fori.

Court Disposition

Preliminary issues determined: damages to be assessed under English law; both French and English law potentially relevant to pre-judgment interest depending on facts.