The claimant suffered damages in a road traffic accident in Spain caused by the respondent. A Spanish court would have allowed much lower damages. Such damages should normally be assessed in accordance with the law of the country where the accident happened, but the Act allowed other applicable law to be considered. In this case, … Continue reading Edmunds v Simmonds: QBD 4 Oct 2000
The defendant bank arrested a ship carrying the claimant’s load of bananas. The cargo deteriorated while under arrest and was lost. It was not insured. The consignee sought damages from the arresting bank on the ground that it wrongfully interfered with the performance of the bill of lading contracts. Held: The applicable law was that … Continue reading Anton Durbeck Gmbh v Den Norske Bank Asa: ComC 11 Nov 2005
The claimant was injured when struck by a car in Spain, driven by an uninsured driver. He claimed here against the MIB. The 2003 Regulations under which he claimed had not been updated for the 2007 EU Regulations. The parties disputed which law would apply to assessment of damages. Held: The appeal succeeded. The Regulations … Continue reading Jacobs v Motor Insurers Bureau: CA 27 Oct 2010
Citations:  EWCA Civ 2167 Links: Bailii Statutes: Private International Law (Miscellaneous Provisions) Act 1995 Jurisdiction: England and Wales International Updated: 11 June 2022; Ref: scu.625422
The claimant who was Dutch, was a widow of a fisherman who had died at sea. The question on appeal was ‘in assessing damages for loss of dependency should benefits resulting from the loss be deducted from the damages?’ The claimant’s position under Dutch law was different, with all benefits deducted from any compensation awarded. … Continue reading Roerig v Valiant Trawlers Ltd: CA 28 Jan 2002
The claimant had been injured in a traffic accident in Australia. The parties lived together in England, but the driver was insured by an Australian company. He sought to sue here to avoid a limitation on damages imposed by Australian law. The issue was as to whether Australian rules should apply also here to the … Continue reading Harding v Wealands: QBD 27 May 2004
Allegation that representatives of the defendant had taken advantage of the claimant’s illegal imprisonment and torture by the CIA, to have questions put to him. The court now looked at which law would apply. Judges: Mr Justice Lane Citations:  EWHC 331 (QB),  4 WLR 40 Links: Bailii Statutes: Private International Law (Miscellaneous Provisions) … Continue reading Husayn (Zubaydah) v The Foreign and Commonwealth Office and Others: QBD 19 Feb 2021
The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for resolution of VTB’s tort claims, and nor that there was a proper basis for piercing the corporate veil. … Continue reading VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013
The claimant child sought to prevent publication by his father of an autobiography which, he said, would be likely to cause him psychological harm. The father was well known classical musician who said that he had himself suffered sexual abuse as a child. The claimant’s mother said that he would suffer harm by the publication. … Continue reading OPO v MLA and Another: CA 9 Oct 2014
The claimant sought damages here for a road traffic accident which had occurred in Australia. The defendant was working in England. The defendant argued that the law of New South Wales applied. Held: The general rule in section 11 was not to be displaced. Roerig implied a bright line between matters of assessment and heads … Continue reading Harding v Wealands: CA 17 Dec 2004
The deceased member of the armed forces had died in a road traffic accident in Germany. The parties didputed whether the principles governing the calculation of damages were those in the 1976 Act and UK law, or under German law. Held: ‘There is no difficulty in identifying the critical issues on this appeal for the … Continue reading Cox v Ergo Versicherung Ag: CA 25 Jun 2012
The claimant had been a passenger in a car driven by his now partner. They had an accident in New South Wales. The car was insured in Australia. He sought leave to sue in England and Wales because Australian law would limit the damages.
Held: . .
The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for . .
Assessment of pre-judgment interest – disgorgement of profits . .
UTIAC Whilst the Private International Law (Miscellaneous Provisions) Act 1995 amended section 11(d) of the Matrimonial Causes Act 1973 so that a potentially polygamous marriage would not be void if either party . .
The deceased died in a road traffic accident whilst serving in the Armed forces in Germany. The driver was insured under German law. The widow now claimed damages in England. She had entered a new relationship.
Held: The object of section 844 . .
The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned.
Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights . .
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