The claimant had been injured in a road traffic accident in Germany. Liability being admitted, the court now asked whether damages should be assessed according to UK or German law. The claimant was a UK national but had been resident in Germany with her husband for several years. Judges: Slade DBE Citations: [2014] EWHC 3164 … Continue reading Winrow v Hemphill and Another: QBD 6 Oct 2014
Trial of a preliminary issue to determine whether the claimant’s claim in tort for damages for personal injury in a road traffic accident which occurred in Scotland but was issued in the jurisdiction of England and Wales was brought within the limitation period or is time barred. It raises issues of the proper role and … Continue reading Johnson v Berentzen and Another: QBD 26 Apr 2021
ECJ Judgment – Reference for a preliminary ruling – Judicial cooperation in civil matters – Choice of applicable law – Regulation (EC) No 864/2007 and Regulation (EC) No 593/2008 – Directive 2009/103/EC – Accident caused by a tractor unit coupled with a trailer, each of the vehicles being insured by different insurers – Accident which … Continue reading Ergo Insurance: ECJ 21 Jan 2016
(Judgment) Reference for a preliminary ruling – Intellectual property – Regulation (EC) No 6/2002 – Article 20 (1) (c), Article 79 (1) and Articles 82, 83, 88 and 89 – Action for infringement – rights conferred by the Community design – Concept of ‘illustration’ – Regulation (EC) No 44/2001 – Article 6 (1) – Jurisdiction … Continue reading Nintendo v BigBen Interactive GmbH and Another: ECJ 27 Sep 2017
ECJ (Judgment) Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulations (EC) No 864/2007 and (EC) No 593/2008 – Consumer protection – Directive 93/13/EEC – Data protection – Directive 95/46/EC – Online sales contracts concluded with consumers resident in other Member States – Unfair terms – General terms and conditions containing … Continue reading Verein Fur Konsumenteninformation v Amazon EU Sarl: ECJ 28 Jul 2016
C-350/14, [2015] EUECJ C-350/14 – CO Bailii European Cited by: Opinion – Lazar (Judgment) ECJ 10-Dec-2015 Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil matters – Regulation No 864/2007 – Article 4(1) – Concepts of ‘country in which the damage occurs’, ‘damage’ and ‘indirect consequences of … Continue reading Lazar (Opinion): ECJ 10 Sep 2015
ECJ Judgment – Reference for a preliminary ruling – Air carrier liability in the event of accidents – Action for damages – Montreal Convention – Regulation (EC) No 2027/97 – Flight operated free of charge by the owner of a property in order to show that property to a prospective purchaser – Regulation (EC) No … Continue reading Pruller-Frey v Norbert Brodnig, Axa Versicherung AG: ECJ 9 Sep 2015
Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil matters – Regulation No 864/2007 – Article 4(1) – Concepts of ‘country in which the damage occurs’, ‘damage’ and ‘indirect consequences of the tort or delict’ – Damage sustained personally by a family member of a person who … Continue reading Lazar (Judgment): ECJ 10 Dec 2015
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 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
The claimant commenced an action here after suffering injury whilst in Egypt on an excursion organised under the control of the defendant. The defendant denied jurisdiction as regards the damage suffered. Held: The defendant’s appeal was allowed in part. The use of the word ‘damage’ in the Regulation could not be relied upon to create … Continue reading Brownlie v Four Seasons Holdings Incorporated: CA 3 Jul 2015
