Marshall v Motor Insurers’ Bureau (MIB) and others; Pickard v MIB [27.11.15]
In August 2012 an uninsured Peugeot car, registered in France and driven by a French national, hit Mr Marshall and Mr Pickard, both British nationals, as they were standing behind a Ford Fiesta car and trailer being attended to by a breakdown recovery truck, registered in France. Mr Marshall died at the scene and Mr Pickard suffered serious injuries. Mr Marshall’s widow and Mr Pickard brought actions against the MIB, which in turn brought in the insurers of the breakdown truck. Mr Justice Dingemans noted that the issue of the governing law for any assessment of damages will be determined by the judgment of the Supreme Court in Moreno v MIB. He held that the laws of France applied to the liability parts of the claims. In particular, applying Article 4(3) of Rome II, the tort was manifestly more closely connected with France than England and Wales.