Supreme Court finds harmony with German law in fatal accident claim

Katerina Cox (Appellant) v Ergo Versicherung AG (formerly known as Victoria - Respondent)
Supreme Court Judgment
2 April 2014

This unanimous decision of the Supreme Court clarifies the law in relation to claims for wrongful death which occur in other jurisdictions and are pursued in England and Wales. The decision will be a comfort to Insurers, particularly foreign Insurers, as the Fatal Accidents Act 1976 will not apply in cases where a foreign law is applicable and this will, in most cases, prevent a windfall to English claimants in fatal accident claims.

Sara-Jane Eaton, a Partner at DWF Fishburns, draws out the key findings and comments on the effects for Insurers.

Read the full article on DWF's dedicated website for insurance professionals >

This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.

Sara-Jane Eaton

Partner - Head of European Group

I am a Partner and Head of the European Group. I lead a team of foreign personal injury lawyers, assistants and translators.