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Mind Your Language! Interpreting EU Law Post-Brexit Against Other Language Versions -Covea Insurance Plc v Greenaway and Rocks [2021]

In this case note, Sarah Crowther QC, Dan Clarke and Joshua Cainer consider the recent appeal in Covea Insurance Plc v Greenaway and Rocks [2021] 3 WLUK 379.

This was an appeal from a case management decision in which a motor insurer sought permission to obtain factual expert evidence as to the meaning of the word ‘stolen’ in other language versions of the Sixth Motor Insurance Directive (Directive 2009/103/EC).

They consider that the Court was wrong, as a matter of legal principle, to entertain the introduction to the proceedings of factual evidence as to the interpretation of EU law in other Member States (four experts on each side). Such an approach was not justified under EU law interpretative principles even as they stood prior to the UK leaving the EU. It also appears to be prohibited under the European Union Withdrawal Act 2018 (‘EUWA 2018’).

Read the full case note here.

Sarah Crowther QC has experience in all claims for injury, illness or accident with an international element, including disputes over jurisdiction and applicable law. She has appeared in recent high-profile cases in the Court of Appeal and Supreme Court and is experienced in working with expert evidence of foreign law and handling claims to which foreign law applies.

Daniel Clarke‘s practise focuses on personal injury. He has a particular specialism in cases with an international element, including claims raising conflicts of law and jurisdictional issues. He also has experience of acting in claims in other jurisdictions including in the Privy Council and in Jersey.

Joshua Cainer joined Chambers in 2020 following the successful completion of his pupillage. Joshua is building a busy practice across all of Chambers’ areas of practice and is also a member of the Attorney General’s Junior Junior Scheme.

For more information on Sarah, Daniel or Joshua please contact their practice management team: Paul Barton or Mark Gardner on +44 (0)20 7353 6381 who would be happy to have a discussion in the strictest of confidence.

Legal Blogs 26 Mar, 2021

Authors

Sarah Crowther KC

Call: 1999 Silk: 2018

Daniel Clarke

Call: 2005

Joshua Cainer

Call: 2019

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