Conflict of laws—Tort—Damages—Assessment

Queen’s Bench Division, Blair J, 23 January 2009

In a claim against an overseas insurer, the High Court has held (i) whether 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, and (ii) that the right to claim interest by way of damages in a claim in tort is properly characterised as an issue of tort and is not, in any sense, a procedural question for the law of the forum.

Barnard Doherty (instructed by Beachcroft LLP) for the claimants. Pierre Janusz (instructed by Pierre Thomas & Partners) for the defendant.

'It was well established that the assessment of damages in tort was a procedural matter'

In July 2005, while driving in France, the claimants were injured in a collision with a van. The van’s driver died as a result. The claimants brought an action in England seeking