Bacon v Nacional Suiza Cia Seguros Y Reseguros SA

Bacon v Nacional Suiza Cia Seguros Y Reseguros SA

The claimant was entirely to blame for the accident, having stepped back into the road into the path of the oncoming vehicle after reaching a place of safety, and the driver was not at fault. Spanish law applies by virtue of Rome II Regulation, which governs both liability and assessment of damages. The issue of the temporal scope of Rome II is academic in this case as the claimant fails on liability.

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 on Preliminary Issues of Applicable Law and Liability
Outcome
Claim dismissed; defendant not liable.
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

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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 on Preliminary Issues of 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 to blame for the accident, having stepped back into the road into the path of the oncoming vehicle after reaching a place of safety, and the driver was not at fault. Spanish law applies by virtue of Rome II Regulation, which governs both liability and assessment of damages. The issue of the temporal scope of Rome II is academic in this case as the claimant fails on liability.

Court Disposition

Claim dismissed; defendant not liable.