The Court of Appeal had previously held in Jacobs v MIB  that for injuries suffered in another European state at the hands of an uninsured or unidentified driver, liability ought to be assessed under the law of the country where the injury was caused but compensation remained to be assessed under English and Welsh law.
The defendant submitted that Jacobs had been wrongly decided and that since Rome II had been introduced after reg 13, no law other than the law of the state where the damage occurred should apply and that the quantification of damages should be determined under the law of Greece.
The court found that the clear effect of reg 13 meant that the claim was to be assessed under the laws of England and Wales and that the court was bound by the previous decision of the Court of Appeal in Jacobs and was bound to conclude that the compensation should be assessed under the basis of the law of England and Wales.However, defendant’s arguments that Jacobs had been wrongly decided had considerable force.
Whilst the judge was bound by the Court of Appeal decision, a certificate to allow the defendants to appeal directly to the Supreme Court has now been given.
Joseph Carr & Louise Taylor, Anthony Gold