Summary
The claimant was suing for personal injuries arising from a road traffic accident which occurred on 7th September 2010 in Portugal. Mrs Vann sustained a traumatic brain injury. Mr Vann died. Liability was disputed by the defendant.
The English court assumed jurisdiction.
It was not disputed that Portuguese law was applicable as to liability and assessment of damages.
The High Court applied the Portuguese law, and held that the defendant was liable. On the defendant’s appeal, the Court of Appeal, after applying the Portuguese law, held that the defendant was 80% liable. It was noted:
“7 The parties are agreed that Portuguese law applies to the assessment of liability and contributory negligence (see Regulation (EC) No.864/2007, Article 4(1) ).
8 Mr Antonio da Costa Basto, a Portuguese lawyer instructed by the Claimants, prepared a report dated 24 June 2013. Dr Herculano Lima, a Portuguese lawyer instructed by the Defendant, prepared a report dated 26 June 2013. They prepared a joint report dated 18 December 2013.
9 The material legal principles are not in dispute. […]” [7-9].