Cox v Ergo Versicherung AG & Anor [2012] EWCA Civ 1001 (19 July 2012)

Cox v Ergo Versicherung AG & Anor [2012] EWCA Civ 1001 (19 July 2012)

The Assignment is governed by German law, not English law, as it is most closely connected to Germany. Under German law, the Assignment was 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. The Assignment was intended to enable the MoD to recoup its outlays, including pension payments, and did not leave the appellant worse off, as any excess liability remains with the first respondent.

Citation
[2012] EWCA Civ 1001
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 / Judgment on Appeal From Queen's Bench Division, Addressing the Assignment Issue
Outcome
Appeal dismissed on the Assignment issue
Legal Topics
Assignment of Claims, Applicable Law Under Rome Convention, Subrogation, Damages for Loss of Maintenance, Interpretation of Contracts
Private International Law Tort Law Contract Law Assignment of Claims Applicable Law Under Rome Convention Subrogation Damages for Loss of Maintenance Interpretation of Contracts

Case Brief

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Parties

Katerina Cox

Appellant

Ergo Versicherung AG

First Respondent

Ministry of Defence

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Queen's Bench Division, Addressing the Assignment Issue

Legal Issues

  1. 1 Whether the Assignment dated 1 August 2004 was effective to assign to the Ministry of Defence the appellant's claim for damages for loss of maintenance under section 844 BGB to the extent of pension payments made by the MoD
  2. 2 Which law governs the interpretation and effect of the Assignment

Ratio Decidendi

The Assignment is governed by German law, not English law, as it is most closely connected to Germany. Under German law, the Assignment was 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. The Assignment was intended to enable the MoD to recoup its outlays, including pension payments, and did not leave the appellant worse off, as any excess liability remains with the first respondent.

Court Disposition

Appeal dismissed on the Assignment issue

Orders

  • Declaration that the Assignment was 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