FATAL ACCIDENT AND FATAL PLEADINGS: THE NEED TO PLEAD AND PROVE FOREIGN LAW

Civil Litigation Brief

On the face of it the case of Bianco -v- Bennett [2015] EWHC 626 (QB) is simply a case about fatal accidents. I was going to discuss it solely on the Fatal Accident Blog. On close reading, however, it reveals some procedural issues.

THE CASE

The claimant was the widow of an Italian national killed whilst a pedestrian in England.  Liability was agreed with one-third contributory negligence. In addition to the claim for dependency the claimant made two “subrogated” claims. One for £313,442 paid by the Italian Workers Compensation Authority, the other for £65,195 paid by the deceased person’s employer. This was the trial of a preliminary issue in relation to those subrogated claims.

KEY POINTS

  • Matters of foreign law must be pleaded and proven by evidence.
  • The court will not carry out its own researches into foreign law.
  • In the absence of a pleaded case and evidence to prove…

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