Robert Weir QC wins Rome II preliminary issue
Robert Weir QC is acting for a paraplegic client injured in a road traffic accident in France who brought his claim in the High Court against the French insurer. The defendant took issue with his seeking to rely on the full range of quantum experts usually employed in cases of this nature and contended that the issue of which expert evidence the court should order fell to be considered as an issue of "applicable law" under Rome II, that is French law. In Wall v Mutuelle de Poitiers [2013] EWHC 53 (QB), Tugendhat J held that this was an issue of "evidence and procedure" and so governed by English law. This is the first occasion on which the High Court has addressed the issue of the divide between "applicable law" and "evidence and procedure" under Rome II. The defendant is seeking permission to appeal.
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