Wall v Mutuelle De Poitiers Assurances

Wall v Mutuelle De Poitiers Assurances

The issue of which expert evidence the court should order is a matter of evidence and procedure, governed by English law as the law of the forum under Article 1.3 of Rome II. The assessment of damages must follow French law, including judicial conventions and guidelines such as the Dintilhac list and Paris Court of Appeal tariffs, but the mode of proving facts and opinions is for the English court to determine. The appeal is dismissed.

Parties
Appellant: Steven Wall; Respondent: Mutuelle de Poitiers Assurances
Jurisdiction
England and Wales
Judgment Date
20 February 2014
Procedural Posture
Civil Appeal / Appeal From High Court (preliminary Issue on Expert Evidence Procedure)
Outcome
Appeal dismissed
Legal Topics
Rome II Regulation, Assessment of Damages, Expert Evidence, Conflict of Laws, Road Traffic Accidents
Private International Law Personal Injury Civil Procedure Rome II Regulation Assessment of Damages Expert Evidence Conflict of Laws Road Traffic Accidents

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Parties

Steven Wall

Appellant

Mutuelle de Poitiers Assurances

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (preliminary Issue on Expert Evidence Procedure)

Legal Issues

  1. 1 Whether the issue of which expert evidence the court should order is governed by the law of the forum (English law) as a matter of evidence and procedure under Article 1.3 of Rome II, or by the applicable law (French 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, governed by English law as the law of the forum under Article 1.3 of Rome II. The assessment of damages must follow French law, including judicial conventions and guidelines such as the Dintilhac list and Paris Court of Appeal tariffs, but the mode of proving facts and opinions is for the English court to determine. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The issue of which expert evidence the court should order is to be determined by reference to English law as the law of the forum.
  • The parties may adduce evidence of French judicial conventions and guidelines (such as the Dintilhac list and Paris Court of Appeal tariffs) relevant to the assessment of damages.