Summary
The claimant was suing for personal injuries caused by a road traffic accident which occurred on 17th May 2011 in Greece. The car diver was uninsured. Proceedings were initiated in England against the Motor Insurers’ Bureau.
On 10th November 2014, the Master made an order for a trial on the issue of whether the scope of the defendant’s liability was to be assessed under English or Greek law.
In this context, Mr Justice Gilbart was bound to follow Jacobs, so that he held that English law must apply. Nonetheless, he went on to take the following view:
“82 As I indicated at the outset of this judgment, I am bound by the two Court of Appeal authorities of Jacobs and Bloy . I would not consider that there is force in the Defendant's case that the Regulations were misinterpreted as they stood. However I am of the view that the effect of Rome II on the correct interpretation required to bring Regulation 13 into conformity with Article 4 gives the Defendant's arguments that Jacobs was wrongly decided, and that the approach of Owen J at first instance in Jacobs should be endorsed, very considerable force. Whether they are of sufficient force to achieve a different result will be for others to determine.
83 Given that the only issue remaining between the parties is the assessment of the compensation payable, I am therefore bound to answer the issue question thus: it is to be assessed in accordance with the law of England and Wales.” [82-83]