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Law digest: 6 February 2009

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05 February 2009
Issue: 7355 / Categories: Features , Damages , Personal injury
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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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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
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In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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