Home > Chambers Resources > Cases > Kira Middleton v Allianz IARD V Erika Lee Middlenton


Kira Middleton v Allianz IARD V Erika Lee Middlenton




[2012] EWHC 2287 (QB) 2012-08-03

This matter arose out of a road traffic accident in France on 6th February 2002.  The Claimant was left with injuries of the utmost seriousness.  It was her case that French law, being the lex loci delicti, should apply to the liability issues.  The Defendant insurers maintained that English law should apply.  A preliminary issue trial was held to determine applicable law in accordance with sections 11 and 12 of the Private International Law (Miscellaneous Provisions) Act 1995.  The Claimant's arguments prevailed.

Matthew Chapman, instructed by Irwin Mitchell, represented the Claimant.