Boys -v- Chaplin; CA 1968

References: [1968] 2 QB 1, [1967] EWCA Civ 3, [1968] 1 All ER 283, [1968] 2 WLR 328
Links: Bailii
Coram: Lord Denning MR, Lord Upjohn
The plaintiff had been injured in a road accident in Malta. By the law of Malta, non-economic damage (pain and suffering, loss of amenity) was not actionable. Only financial loss was compensatable. The plaintiff brought proceedings in England. The court was asked whether the rule excluding liability for non-economic damage was part of the substantive law of Malta or concerned only the remedies which a Maltese court could provide.
This case is cited by:

  • Appeal from – Boys -v- Chaplin HL ([1971] AC 356, [1969] 3 WLR 322, [1969] 2 All ER 1085)
    The plaintiff sued in England for a traffic accident which had happened in Malta. The law of Malta would have denied certain elements of damages which would be available in this jurisdiction.
    Held: Liability in respect of the road accident in . .

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