Wednesday, 5 March 2014
CPR RULES APPLY TO FOREIGN ACCIDENT CLAIMS
excludes this from matters of evidence and procedure; without prejudice, of course, subject to certain exceptions that do not concern us here.
a foreign insurer that sought to impose the French approach to quantifying Steven Wall’s catastrophic injury claim, because the accident took place in France. Clearly the basic applicable law was that of France. The French insurers want to appoint a single expert consistent with the continental model of inquisitional investigation. They failed.
Accordingly in England and Wales the courts will follow the evidential practices prescribed by the Civil Procedural Rules. So CPR Part 35, which we love and hate in equal measure, will govern the expert evidence required to quantify the loss, in so far as each head of loss claimed is recoverable under the foreign law. Furthermore, anyone hoping to secure a periodical payments order against a foreign insurer is likely to be disappointed
I reported the first instance decision last month because its importance appeared to have escaped the notice of most commentators; it still has. So I am glad to report that the original decision has been upheld.