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.