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 is a matter of evidence and procedure within Article 1.3 of Rome II and is therefore governed by English law (the law of the forum), not by French law (the applicable law to the substance of the claim).

Citation
[2013] EWHC 53 (QB)
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 Determination on Expert Evidence Procedure
Outcome
Issue determined in favour of the claimant; English law applies to the question of expert evidence.
Legal Topics
Rome II Regulation, Applicable Law in Tort, Expert Evidence, Evidence and Procedure, Assessment of Damages
Private International Law Civil Procedure Personal Injury Rome II Regulation Applicable Law in Tort Expert Evidence Evidence and Procedure Assessment of Damages

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 6 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 Determination on Expert Evidence Procedure

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 (the applicable law) under Article 15 of Rome II

Ratio Decidendi

The issue of which expert evidence the court should order is a matter of evidence and procedure within Article 1.3 of Rome II and is therefore governed by English law (the law of the forum), not by French law (the applicable law to the substance of the claim).

Court Disposition

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

Orders

  • 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 a matter of evidence and procedure under Article 1.3 of Rome II.