High Court Ruling: English Law in Multi-Vehicle Collision
Siobhan McIvor
Table of Contents
High Court victory
Siobhan McIvor, Partner in the Personal Injury Department, has succeeded in obtaining judgment for her seriously injured client in a recent High Court trial arising from a high speed multi-vehicle road traffic collision in which one participant died and another was catastrophically injured.
English or Bulgarian law?
Amongst other issues the trial involved complex arguments as to whether English or Bulgarian law applied to the claim given those injured in the accident were Bulgarian seasonal workers working in England when the accident occurred and so arguably habitually resident in Bulgaria (the Court will tend to apply the law of whatever country those involved in an accident are habitually resident).
Outcome
The Court concluded that although those injured were habitually resident in Bulgaria, the circumstances surrounding the accident were considered to be more closely connected with England than Bulgaria and it was in England that the centre of gravity of the claim was located, so English law should apply (which decision has the consequence of the injured claimants receiving higher compensation awards than if Bulgarian law had applied.)
Bulgarian expertise
Siobhan McIvor was assisted by our Bulgarian speaking lawyer, Elida Dimitrova, who provided a full Bulgarian speaking service to our client.
How we can help
Osbornes Law specialises in complex road traffic accident claims where the claimant has sustained fatal, catastrophic or serious injuries including accidents where those involved in the accident are not permanent residents of the UK.
To speak with one of our solicitors, contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
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Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims
Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims.
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