Description
The pursuer sought damages for spinal injuries suffered in a car crash in Romania. The defenders, an insurance company incorporated under Romanian law, were insurers of the car in which the pursuer was travelling at the time of the accident. The defenders formally admitted liability for the accident leaving only the determination of damages.
Due to the date of the accident, the question of applicable law was determined by sections 11 and 12, Private International Law (Miscellaneous Provisions) Act 1995 and not the Rome II Regulation because the latter did not come into force until 2009. Under section 11 the applicable law in the case was the law of Romania on the grounds that the events constituting the delict occurred in that country. The pursuer submitted that the general rule contained in section 11 should be displaced per section 12 because liability was admitted and the pursuer's losses and medical treatment had taken place in Scotland.
Held; The test for displacement under section 12 was not satisfied as it was not substantially more appropriate for any issues to be determined by Scots as opposed to Romanian Law; The pursuer had genuine and significant continuing restrictions in the flexibility of his spine and to all intents and purposes these were to be regarded as permanent disabilities; With the exception of the loss of employability claim on the ground that the pursuer had succeeded without difficulty in finding alternative employment, all heads of damages claimed by the pursuer were recoverable under Romanian Law; the heads of claim recognised under Romanian law fell to be assessed according to Scottish rules. The total damages awarded for solatium, necessary services rendered to the pursuer, loss of the pursuer's personal services and recovery of deposits for a cancelled holidays amounted to £54,325.82. A table was attached to the end of the judgment showing the amounts awarded under the various heads of damages and interest calculated to the date of decree.
