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PI Brief Update

Wall v Mutuelle: The Court of Appeal Explores the Limits of Applicable Law - Frances McClenaghan, 1 Chancery Lane

31/03/14. In an article last June, I discussed the High Court decision of Wall v Mutuelle De Poitiers Assurances ([2013] EWHC 53 (QB)). I noted that Sir Richard Buxton had refused permission to appeal on the papers with the following comments:

An English judge, or for that matter an English conflicts lawyer would need to be persuaded that a revolution had taken place before he countenanced the determination of procedures for the adduction of evidence by reference to any system of law other than lex fori. The judgment of Tugendhat demonstrates that no such revolution has occurred.

Rome II’s impact has indeed revolutionised the choice of law rules with respect to accidents abroad. The Court of Appeal concluded, however, that...

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.