FATAL ACCIDENTS ABROAD: THE DECISION IN Cox -v- Ergo Versicherung AG EXPLAINED

The decision in Cox is an important one in relation to fatal accident claims where the accident happened abroad. Links to the decision and summary were provided in an earlier post.

The decision is considered and explained in full in a DWF Briefing on the case which can be found here . Note, in particular, the conclusions drawn by DWF

“The Supreme Court Judgment provides clarity in wrongful death claims arising abroad. The 1976 Act has been given neither mandatory nor extra-territorial status in respect of such claims which arise and are pursued in the English and Welsh courts. It cannot be argued by claimants that the 1976 Act has universal application irrespective of where the fatal claim may arise.”

WEIRHOUSE CHAMBERS ARTICLE

There is also a useful article be Weirhouse Chambers on Dependency Claims and Conflict of Laws

CHARLES BAGOT OF HARDWICKE CHAMBERS

Writes on the case in the Anomalous Fatal Accidents Act

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