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PI Brief Update

No “pick and mix” between English and foreign law in fatal accident claims - Dan Clarke, 3 Hare Court

24/11/11. In Cox v Ergo Versicherung AG [2011] EWHC 2806 (QB) the High Court (Sir Christopher Holland) has handed down an important decision on the scope of application of the Fatal Accidents Act 1976 in claims involving accidents overseas.

Background

The Claimant was married to a Major in the British Army, stationed in Germany, who was unfortunately involved in a fatal road traffic accident while riding his bicycle there in May 2004. The Claimant was left as his sole dependant. The accident was wholly the fault of the German car driver. Liability was admitted. 

The Claimant subsequently issued proceedings in England, directly against the German driver's motor insurer (i.e. an Odenbreit claim). The Claimant pleaded that the applicable law was German law, pursuant to the Private International Law (Miscellaneous Provisions) Act 1995 (no argument to the contrary being plausible). 

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Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.