Fatal Accident - Subrogated Claim - Foreign Law
High Court, Queen's Bench Division
12 March 2015
The claimant was not able to rely on foreign law which had not been
pleaded or proved by expert evidence to bring subrogated claims.
Vladimiro Capano was an Italian who was resident in Turin who worked for
an Italian company, Tesco Go SpA ('Tesco Go') but commuted weekly from Italy to
Woking to work on a project. Mr Capano died after being hit by a car being
driven by the defendant whilst crossing the road. The defendant admitted being
two thirds liable for Mr Capano’s death. The claimant pleaded claims under the
Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934.
There was no dispute that these claims
were valid in principle.
The claimant also made two 'subrogated claims' on behalf of Tesco Go and
the Italian Workers Compensation Authority, which were first pleaded in the
Schedule of Loss. The Master ordered a preliminary issue trial on whether the
subrogated claims were recoverable by the claimant, subject only to the
claimant proving that the sums had been, or were to be, paid to the claimant. The
claimant asserted that there was an obligation to seek the subrogated claims
under article 1916 of the Italian Civil Code. The Italian law and associated EU
regulations had not been pleaded before the oral submissions.
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