Wall v Mutuelle De Poitiers Assurances [2013] EWHC 53 (QB) (25 January 2013)

Wall v Mutuelle De Poitiers Assurances [2013] EWHC 53 (QB) (25 January 2013)

The issue of which expert evidence the court should order falls to be determined by reference to the law of the forum (English Law), as it is an issue of evidence and procedure within Article 1.3 of Rome II.

Citation
[2013] EWHC 53
Parties
Claimant: Steven John Kilfoy Wall; Defendant: Mutuelle De Poitiers Assurances
Jurisdiction
England and Wales
Judgment Date
25 January 2013
Procedural Posture
Personal Injury Claim (cross Border Tort) / Interlocutory Ruling on Expert Evidence
Outcome
Issue determined in favour of the claimant; English procedural law applies to expert evidence.
Legal Topics
Rome II Regulation, Expert Evidence, Assessment of Damages, Conflict of Laws
Private International Law Civil Procedure Personal Injury Rome II Regulation Expert Evidence Assessment of Damages 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 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Steven John Kilfoy Wall

Claimant

Mutuelle De Poitiers Assurances

Defendant

Procedural Posture

Personal Injury Claim (cross Border Tort) / Interlocutory Ruling on Expert Evidence

Legal Issues

  1. 1 Whether the issue of which expert evidence the court should order is governed by English law (law of the forum) as a matter of evidence and procedure under Article 1.3 of Rome II, or by French law (applicable law) under Article 15 of Rome II

Ratio Decidendi

The issue of which expert evidence the court should order falls to be determined by reference to the law of the forum (English Law), as it is an issue of evidence and procedure within Article 1.3 of Rome II.

Court Disposition

Issue determined in favour of the claimant; English procedural law applies to expert evidence.

Orders

  • The issue of which expert evidence the court should order is to be determined by English law as a matter of evidence and procedure.