U.K.: What law applies to quantification of damages where injury occurs abroad?

December 2000

In Edmunds v Simmonds (The Times 21.11.00) the Claimant had been injured in a car crash in Spain. On the issue of which law (English or Spanish) applied to the claim there was no difference between Spanish and English law regarding the determination of liability. The method of assessments used would, however, seriously affect the level of damages.

Consideration was given to the Private International Law (Miscellaneous Provisions) Act 1995. It was held the quantification of damages is a matter of procedure to be determined in accordance with the law of the forum. Reference was made to earlier authority in which it was held that the heads of damage are strongly linked to the country where the claimant normally resides, a link rendered stronger when the defendant resides in the same country and no policy or interest of the other country is infringed by the English resident being required to compensate another English resident according to the heads of damage available in English law. It was found that the factors connecting the tort to England were overwhelming and it was substantially more appropriate that damages were assessed according to English law.

 

With thanks to Sally-Ann Underhill of Richards Butler for preparing this article.