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Wall v Mutuelle De Poitiers Assurances [2013] EWHC 53 (QB) - 25 January 2013


The Claimant was injured in a road traffic accident whilst on holiday in France. He suffered severe injuries as a consequence. The Claimant returned home and issued against the French driver's insurer. The Claimant wished to adduce accountancy and employment evidence in support of his claim for loss of earnings.

The issue to be decided by the Court was whether the question of what expert evidence the court should order should be decided by reference to the law of the forum or the applicable law. This boiled down to whether it was an 'issue of evidence and procedure' within the meaning of art. 1.3 of Regulation (EC) 864/2007 of the European Parliament and of the Council ('Rome II'), in which case the law of the forum would apply. The Defendant contended that the issue did not fall into art 1.3, instead falling into art.15 of Rome II, the effect of which would be that the question of what experts to allow would be decided by reference applicable law. The consequence of the Defendant's submission would be that the French law would apply and the Claimant would be restricted to a single expert witness.

The High Court held that the question of what experts the Claimant should be entitled to instruct fell under art 1.3 of Rome II, and that consequently English law would apply to this question. On the facts, this was a matter of evidence and procedure within art 1.3.