Bacon v Nacional Suiza Cia Seguros Y Reseguros SA [2010] EWHC 2017 (QB) (30 July 2010)

Bacon v Nacional Suiza Cia Seguros Y Reseguros SA [2010] EWHC 2017 (QB) (30 July 2010)

The claimant was entirely responsible for the accident, having stepped back into the road in dark clothing while inebriated, and the driver was not at fault. Spanish law applies by virtue of the Rome II Regulation, but the issue is academic as the claim fails on liability.

Citation
[2010] EWHC 2017 (QB)
Parties
Claimant: Robert Bacon; Defendant: Nacional Suiza Cia Seguros y Reaseguros SA
Jurisdiction
England and Wales
Judgment Date
30 July 2010
Procedural Posture
Personal Injury Claim (road Traffic Accident) / Judgment After Trial of Preliminary Issues (applicable Law and Liability)
Outcome
Claim dismissed. Judgment for the defendant.
Legal Topics
Applicable Law in Cross Border Torts, Direct Action Against Insurer, Contributory Negligence, Interpretation of Rome II Regulation, Assessment of Liability in Road Traffic Accidents
Private International Law Tort Law Insurance Law Applicable Law in Cross Border Torts Direct Action Against Insurer Contributory Negligence Interpretation of Rome II Regulation Assessment of Liability in Road Traffic Accidents

Case Brief

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Parties

Robert Bacon

Claimant

Nacional Suiza Cia Seguros y Reaseguros SA

Defendant

Procedural Posture

Personal Injury Claim (road Traffic Accident) / Judgment After Trial of Preliminary Issues (applicable Law and Liability)

Legal Issues

  1. 1 Whether the defendant is liable under Spanish law for the claimant's injuries
  2. 2 Whether Rome II Regulation or Private International Law (Miscellaneous Provisions) Act 1995 applies to determine the applicable law
  3. 3 Whether the claimant was contributorily negligent or solely responsible for the accident

Ratio Decidendi

The claimant was entirely responsible for the accident, having stepped back into the road in dark clothing while inebriated, and the driver was not at fault. Spanish law applies by virtue of the Rome II Regulation, but the issue is academic as the claim fails on liability.

Court Disposition

Claim dismissed. Judgment for the defendant.