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PI Brief Update

Court of Appeal holds that English Court should follow German law remedies in a wrongful death case - Sarah Crowther, 3 Hare Court

16/10/12. In a recent decision (Cox v Ergo) concerning private international law issues in non-contractual obligations, the Court of Appeal has ruled by a majority that, where a claim for damages for wrongful death is brought pursuant to a foreign applicable law, the claimant cannot have the benefit of the generous rules on assessment of damages provided for under the Fatal Accidents Act 1976 (‘FAA’).

Major Cox was killed in a road accident in Germany in 2004. His widow brought proceedings directly against the German insurer of the German driver responsible in England and Wales pursuant to the jurisdiction provided by Articles...

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The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

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.