Yordanov v Vasilev & Ors [2024] EWHC 1496 (KB) (17 June 2024)

Yordanov v Vasilev & Ors [2024] EWHC 1496 (KB) (17 June 2024)

Although both Yordanov and Atanasov were habitually resident in Bulgaria at the time of the accident, the court found that the tort was manifestly more closely connected with England under Article 4(3) Rome II. The accident occurred in England, involved English-registered vehicles and insurers, and both parties were...

Source-derived case information.

Citation
[2024] EWHC 1496 (KB)
Parties
Claimant: Miroslav Yordanov; Defendant: Valentin Vasilev; Defendant: The Personal Representatives of the Estate of Alyosha Angelov (deceased); Defendant: Aviva Insurance Limited; Defendant/claimant: Vladimir Atanasov; Defendant: ZAD Dallbogg Life and Health AD
Jurisdiction
England and Wales
Judgment Date
17 June 2024
Procedural Posture
Civil Personal Injury (road Traffic Accident) / Preliminary Issues Hearing (liability, Choice of Law, Contribution, Contributory Negligence)
Outcome
English law applies to the Yordanov claim; preliminary issues determined in favour of the claimants on choice of law; liability and contribution issues to proceed under English law.
Legal Topics
Choice of Law (rome Ii), Habitual Residence, Contribution Between Tortfeasors, Contributory Negligence, Road Traffic Accident Liability
Private International Law Tort Law Insurance Law Choice of Law (rome Ii) Habitual Residence Contribution Between Tortfeasors Contributory Negligence Road Traffic Accident Liability

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Summary, issues, holding and outcome

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Parties

Miroslav Yordanov

Claimant

Valentin Vasilev

Defendant

The Personal Representatives of the Estate of Alyosha Angelov (deceased)

Defendant

Aviva Insurance Limited

Defendant

Vladimir Atanasov

Defendant/claimant

ZAD Dallbogg Life and Health AD

Defendant

Procedural Posture

Civil Personal Injury (road Traffic Accident) / Preliminary Issues Hearing (liability, Choice of Law, Contribution, Contributory Negligence)

Legal Issues

  1. 1 What is the applicable law for the Yordanov claim under Rome II?
  2. 2 Was there negligence by the drivers involved in the accident?
  3. 3 Is there a right to contribution between defendants?

Ratio Decidendi

Although both Yordanov and Atanasov were habitually resident in Bulgaria at the time of the accident, the court found that the tort was manifestly more closely connected with England under Article 4(3) Rome II. The accident occurred in England, involved English-registered vehicles and insurers, and both parties were living and working in England. Therefore, English law applies to the Yordanov claim. The court also found that the evidence supported a finding of negligence against the drivers involved, subject to further determination of liability and contribution at trial.

Court Disposition

English law applies to the Yordanov claim; preliminary issues determined in favour of the claimants on choice of law; liability and contribution issues to proceed under English law.

Orders

  • English law to govern the Yordanov claim, including liability, contribution, and damages.
  • No finding of contributory negligence against Yordanov (as claim withdrawn).