Vann & Others v Ocidental-Companhia De Seguros S.A. [2014] EWHC 545 (QB) - Gerard McDermott QC & Jessica Denton
20/03/14. A recent High Court decision illustrating the Court’s approach when applying the law of another jurisdiction under the provisions of the Rome II Regulation. The trial was heard at the Royal Courts of Justice on 17th and 18th February 2014. In addition to its importance for cross-border and travel law practitioners, it is a very useful decision to all personal injury specialists in that it demonstrates how contributory negligence allegations may be defeated entirely in strongly contested cases.
Facts
In early September 2010 Mr Martin Vann and Mrs June Vann went on a family holiday to the Algarve with their adult children Julia Plappert and Alex Vann and their partners Nicholas Plappert and Nicola Hockett. On 7th September 2010, the group had been out to dinner to celebrate Mrs Plappert’s birthday. At around 11.30pm the group left the restaurant and waited to cross the road to reach their car, which was parked on the opposite side. The group spread out during the crossing, and roughly split into pairs, with Mr and Mrs Vann being the last couple to start crossing the road. As they were almost across the road, Mr and Mrs Vann were struck by a car being driven by Odilon Profeta da Sà, the Defendant’s insured. Tragically, Mr Vann died on 25th September 2010 due to the severe injuries he sustained in the accident. Mrs Vann suffered a traumatic brain injury, with significant...
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