Cox v Ergo Versicherung AG & Anor

Cox v Ergo Versicherung AG & Anor

The Assignment is governed by German law and is effective to assign to the MoD the appellant’s claim under section 844 BGB to the extent necessary to recover pension payments made by the MoD to the appellant.

Parties
Appellant: Katerina Cox; First Respondent: Ergo Versicherung AG; Second Respondent: Ministry of Defence
Jurisdiction
England and Wales
Judgment Date
19 July 2012
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed on the Assignment issue; declaration granted on effectiveness of Assignment.
Legal Topics
Assignment of Claims, Applicable Law, Subrogation, Damages, Pension Payments
Conflict of Laws Contract Law Personal Injury Assignment of Claims Applicable Law Subrogation Damages Pension Payments

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Parties

Katerina Cox

Appellant

Ergo Versicherung AG

First Respondent

Ministry of Defence

Second Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Assignment was effective to transfer to the MoD any part of the appellant's right to damages for loss of maintenance under section 844 BGB
  2. 2 Which law governs the interpretation and effect of the Assignment
  3. 3 Whether pension payments made by the MoD are included in the Assignment

Ratio Decidendi

The Assignment is governed by German law and is effective to assign to the MoD the appellant’s claim under section 844 BGB to the extent necessary to recover pension payments made by the MoD to the appellant.

Court Disposition

Appeal dismissed on the Assignment issue; declaration granted on effectiveness of Assignment.

Orders

  • Declaration that the Assignment was effective to assign to the MoD the appellant’s claim under section 844 to the extent necessary to recover pension payments made by the MoD to the appellant.