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06 November 2014
Issue: 7629 / Categories: Case law , Law digest , In Court
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Conflict of laws

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Winrow v Hemphill and another company [2014] EWHC 3164 (QB), [2014] All ER (D) 65 (Oct)

The claimant suffered injury in an accident in a car driven by the first defendant in Germany. Proceedings were issued in England. The issue for determination was whether German or English law applied to the assessment of damages, which turned on the application of Art 4 of Council Regulation EC 864/2007 (on the law applicable to non-contractual obligations) (Rome II). The Queen’s Bench Division held that the law applicable to the claim in tort was German law.

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