Miroslav Yordanov v Valentin Vasilev & Ors

Miroslav Yordanov v Valentin Vasilev & Ors

Although both Yordanov and Atanasov were habitually resident in Bulgaria, the tort was manifestly more closely connected with England under Article 4(3) Rome II, given the location of the accident, the parties' work and residence in England, and the involvement of English-registered vehicles and insurers. Both...

Source-derived case information.

Parties
Claimant: Miroslav Yordanov; Defendant: Valentin Vasilev; Defendant: 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) / Judgment on Preliminary Issues (liability, Choice of Law, Contribution, Contributory Negligence)
Outcome
Judgment for the claimants on liability; English law applies; both Angelov and Atanasov jointly and severally liable; contribution apportioned 50/50; damages to be assessed; Atanasov's damages reduced by 70% for contributory negligence.
Legal Topics
Choice of Law in Tort, Habitual Residence Under Rome II, Liability in Road Traffic Accidents, Contribution Between Tortfeasors, Contributory Negligence, Direct Action Against Insurers
Private International Law Tort Law Insurance Law Choice of Law in Tort Habitual Residence Under Rome II Liability in Road Traffic Accidents Contribution Between Tortfeasors Contributory Negligence +1 more

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Parties

Miroslav Yordanov

Claimant

Valentin Vasilev

Defendant

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) / Judgment on Preliminary Issues (liability, Choice of Law, Contribution, Contributory Negligence)

Legal Issues

  1. 1 What is the applicable law under Rome II for the Yordanov claim?
  2. 2 Are the defendants liable for the injuries sustained in the accident?
  3. 3 What is the appropriate apportionment of liability/contribution between the drivers?

Ratio Decidendi

Although both Yordanov and Atanasov were habitually resident in Bulgaria, the tort was manifestly more closely connected with England under Article 4(3) Rome II, given the location of the accident, the parties' work and residence in England, and the involvement of English-registered vehicles and insurers. Both Angelov and Atanasov were equally liable for the accident, having raced at excessive speed and failed to take reasonable care. Liability is apportioned 50/50 between them. Atanasov's damages are reduced by 70% for contributory negligence (50% for his own driving, 20% for not wearing a seatbelt).

Court Disposition

Judgment for the claimants on liability; English law applies; both Angelov and Atanasov jointly and severally liable; contribution apportioned 50/50; damages to be assessed; Atanasov's damages reduced by 70% for contributory negligence.

Orders

  • Declaration that English law applies to both claims.
  • Declaration that both Angelov (deceased) and Atanasov are jointly and severally liable for the injuries to Yordanov; Aviva and Dallbogg are liable as insurers.