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Wall v Mutuelle: Exploring the Limits of the Applicable Law Under Rome II - Frances McClenaghan, 1 Chancery Lane

13/06/13. The recent case of Wall v Mutuelle De Poitiers Assurances ([2013] EWHC 53 (QB)) sheds light on the ambit of the applicable law under Rome II (Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations). The facts at issue were unremarkable: the English Claimant was driving in France when his motorcycle collided with a car driven by a driver covered by a French insurer. As a result of the collision, the Claimant sustained severe injuries. In December 2011, he issued a claim in England against the driver’s insurers. In October 2013, the Master ordered...

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