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Scott v AIG: The scope of article 4(3) Rome II and the meaning of “the tort/delict”

Ian Denham recently acted for the successful respondent in an appeal concerning the scope of article 4(3) of the Rome II Regulation.

The Claimant had been on holiday in France when she was involved in a road traffic accident with an uninsured vehicle. An issue arose as to whether the claim against the motor insurer of the vehicle in which she was travelling was governed by English or French law.

In this article, Ian reviews the judgment of HHJ Platts in Scott v AIG which provides a helpful summary of the existing case law on article 4 of Rome II and considers what is meant by the term ‘the tort/delict’ when weighing whether article 4(3) should displace the presumptive applicable law under articles 4(1) or 4(2).

Ian was instructed by Caitlin Dunn of Leigh Day’s Accident Abroad team.

The Article

Read Ian’s full analysis here.

Find Out More

Ian Denham has considerable experience acting for tour operators in defending holiday illness claims and has considerable experience of challenging expert evidence on causation issues.

If you would like to discuss any of the issues covered in this article please contact Ian directly or via his 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.

Travel, Travel 10 Nov, 2021

Authors

Ian Denham

Call: 2003

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