05 February 2009
Peter Hungerford-Welch, associate dean, The City Law School, City University London. www.city.ac.uk/law
Conflict of laws
Maher v Groupama Grand Est [2009] EWHC 38, [2009] All ER (D) 183 (Jan)
Whether or not a claim can be brought by an injured party directly against the wrongdoer’s insurers is a contractual question, governed by the law applicable to the insurance contract.
The right to claim interest by way of damages in a claim in tort is properly characterised as an issue of tort (not a procedural question for the law of the forum); accordingly, whether there was such a right depended on the law which is found to apply to the tort.
