Wall v Mutuelle de Poitiers Assurances [2014] EWCA Civ 138, [2014] All ER (D) 178 (Feb)
Nothing in Parliament and Council Regulation (EC) 864/2007 (on the law applicable to non-contractual obligations) (Rome II) mandated a court, trying a case to which a foreign law applied, pursuant to that Regulation, to award the same amount of damages as the foreign court would award. It could not be the case that Rome II envisaged that the law of the place where the damage occurred would govern the way in which evidence of fact or opinion was to be given to the court which had to determine the case. It was inevitable that the same facts tried in different countries might result in different outcomes.
