Hayley McLorinan tackles the issue of recoverable heads of loss between jurisdictions
Can an English court assess damages using the Fatal Accidents Act 1976 (FAA 1976) when the tortious act resulting in death occurred in Germany? No, said the Court of Appeal in Cox v Ergo Versicherung AG [2012] EWCA Civ 854, [2012] All ER (D) 168 (Jun), Dame Janet Smith dissenting.
The facts
Mrs Cox lived in Germany with her husband, Major Christopher Cox, where he was stationed with HM Forces. They were both UK nationals. In May 2004, Major Cox was killed while riding his bicycle when he was hit by a car. The car driver was a German national with a German registered insurance company. Mrs Cox returned to the UK in 2005.
It was not disputed that liability fell to be determined under German law, or that the matter could be heard in England. The dispute arose as to whether damages could be awarded to Mrs Cox under the English FAA 1976, which affords dependants the ability to claim for dependency. A claim under English law was potentially more valuable
