Miroslav Yordanov v Valentin Vasilev & Ors
[2024] EWHC 1496 (KB)
Deborah Wood v Foyer Assurances SA
19 May 2023
[2023] EWHC 1193 (KB)
High Court
Two cars crashed in Belgium. Even though a Belgian court said the first car was at fault, an English court decided the second car was mostly to blame because it was going too fast. The driver of the first car was also partly at fault for not being careful enough. The wife of the driver of the first car got money for the accident.
Key Facts
- •Road traffic collision in Belgium on 21 February 2015 between an Audi (driven by Mr Schmit, deceased) and a Mitsubishi (driven by Mr Nunes-Azevedo).
- •Both Mr Schmit and his 18-year-old daughter, Amandine Schmit, were fatally injured.
- •The Mitsubishi was insured by Foyer Assurances SA.
- •The Claimant is Ms Deborah Wood, widow and dependent of Mr Schmit.
- •Prior Belgian proceedings found Mr Schmit liable for the collision.
- •No direct witness evidence of the collision was presented in the English proceedings.
Legal Principles
Jurisdiction
Articles 11 and 13 of the recast Brussels I Regulation (Regulation No 1215/2012)
Applicable Law
Article 4.1 of the Rome II Regulation on applicable law in tort (Regulation 864/2007)
Procedural and Evidence Law
Article 1(3) of the Rome II Regulation
Burden of Proof
Article 22 of Rome II Regulation
Standard of Proof
Article 1(3) of Rome II Regulation
Proof of Foreign Law
A/S Tallinna Laevauhisus v. Estonian State Steamship Line [1947] 80 Lloyd’s Rep 99
Tort Claims in Belgian Law
Sections 1382-1383 of the Belgian Civil Code
Standard of Care in Belgian Law
Section 8.4 of the Belgian Civil Code
Belgian Road Traffic Code Provisions
Royal Decree on the general regulation of the traffic road police
Causation in Belgian Law
Sections 1382-1383 of the Belgian Civil Code
Contributory Negligence in Belgian Law
None explicitly stated, but discussed in section 62
Damages under Section 29 bis of the Law of 21 November 1989
Section 29 bis of the Law of 21 November 1989
Assessment of Damages in Belgian Law
Indicative Tables and general principles of full compensation
Outcomes
The Defendant (Foyer Assurances SA) is liable to the Claimant.
The court found that the driver of the Mitsubishi was speeding significantly, breaching Belgian traffic regulations and causing the accident. While the Audi driver was also partially at fault for not stopping to gain better visibility, the Mitsubishi driver's negligence was a substantial cause of the collision.
50% contributory negligence attributed to the deceased Audi driver.
The Audi driver failed to stop in a position that would have provided better visibility before entering the intersection.
Claim under section 29 bis of the Law of 21 November 1989 (for death of Amandine) is not time-barred.
The court accepted expert evidence that the claim was sufficiently encompassed within the broader initial claim.
Damages awarded to the Claimant (specific amounts detailed in sections 103, 105, 108, 110, and 112).
Based on Belgian law principles of full compensation, the court awarded damages for various heads of loss, departing from the Indicative Tables where appropriate.