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05 February 2009
Issue: 7355 / Categories: Features , Damages , Personal injury
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Law digest: 6 February 2009

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Peter Hungerford-Welch, associate dean, The City Law School, City University London.  www.city.ac.uk/law
 

Conflict of laws

Maher v Groupama Grand Est [2009] EWHC 38, [2009] All ER (D) 183 (Jan)

Whether or not a claim can be brought by an injured party directly against the wrongdoer’s insurers is a contractual question, governed by the law applicable to the insurance contract.

The right to claim interest by way of damages in a claim in tort is properly characterised as an issue of tort (not a procedural question for the law of the forum); accordingly, whether there was such a right depended on the law which is found to apply to the tort.

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