The deceased army officer had been injured in a road traffic accident in Germany. His widow brought proceedings in the UK, anticipating a better damages award than might be available in Germany. She had assigned certain elements of her claim to the Ministry of Defence in return for the payment of benefits. She now disputed the effect of the assignment, and appealed against a finding that it was valid and binding.
Held: The appeal failed. The assignment was governed by German law, though it contained no express choice of law.
Judges:
Maurice Kay VP CA, Etherton LJJ, Dame Janet Smith
Citations:
[2012] EWCA Civ 1001
Links:
Statutes:
Contracts (Applicable) Law Act 1990 812(1)
Jurisdiction:
England and Wales
Citing:
See Also – Cox v Ergo Versicherung Ag CA 25-Jun-2012
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 . .
See Also – Cox v Ergo Versicherung Ag and Another QBD 28-Oct-2011
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 . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, European, Damages, Contract
Updated: 03 November 2022; Ref: scu.462968
