References: C-463/06, [2007] EUECJ C-463/06, [2008] ILPr 12, [2008] 2 All ER (Comm) 733, [2008] Lloyd’s Rep IR 354, (2007) ECR 1-11321
Links: Bailii
Coram: CWA Timmermans, P
Ratio: ECJ Regulation (EC) No 44/2001 – Jurisdiction in matters relating to insurance – Liability insurance – Action brought by the injured party directly against the insurer – Rule of jurisdiction of the courts for the place where the plaintiff is domiciled.
By virtue of Articles 11(2) and 9(1)(b) of Regulation EC 44/2001 (‘Regulation 44’) a person injured in a motor accident who has a right to bring proceedings directly against the insurer of the driver responsible for his injury is entitled to bring those proceedings before the courts of the Member State in which he is domiciled, provided that the insurer is domiciled in a Member State.
Statutes: Regulation EC 44/2001 11(2) 9(1)(b)
This case is cited by:
- Cited – Knight v Axa Assurances QBD (Bailii, [2009] EWHC 1900 (QB), [2009] Lloyds Rep IR 667)
The claimant was injured in a car accident in France. The defendant insurer said that the quantification of damages was to be according to French law and the calculation of interest also. The claimant said that English law applied.
Held: The . . - Cited – Bacon v Nacional Suiza Cia Seguros Y Reseguros Sa QBD (Bailii, [2010] EWHC 2017 (QB))
The claimant was injured in a road traffic accident in Spain, and sought to claim here. . . - Cited – Maher and Another v Groupama Grand Est CA (Bailii, [2009] EWCA Civ 1191, [2010] 1 WLR 1564, [2010] RTR 10, [2009] 2 CLC 852, [2010] 2 All ER 455, [2009] All ER (D) 143)
Two English claimants respectively suffered injury in a French road accident. They brought claims for damages against the French insurer of the other driver. Judgment on liability was entered by consent. There were issues as to the assessment of . . - Cited – Wall v Mutuelle De Poitiers Assurances QBD (Bailii, [2013] EWHC 53 (QB))
. . - Cited – Cox v Ergo Versicherung Ag and Another QBD (Bailii, [2011] EWHC 2806 (QB))
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 . .
(This list may be incomplete)
Last Update: 21 July 2019
Ref: 262915
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