B V B

Queen’s Bench Division, Preston District Registry, His Honour Judge Platts, 29 July 2008

Conflict of laws – Tort – Accident occurring in Spain – Claimants and defendant English and living in England – Whether English or Spanish law should apply to the tort claim – Private International Law (Miscellaneous Provisions) Act 1995, sections 11 and 12

The defendant hired a car for use in Spain under a contract of hire governed by Spanish law. The defendant was involved in an accident while driving his family to a holiday villa in Alicante, and three members of his family – the claimants – sustained injuries. The claimants commenced proceedings in England. The defendant admitted liability but pleaded that, in accordance with the Private International Law (Miscellaneous Provisions) Act 1995, all substantive issues of the tort, including heads of loss, were governed by Spanish law. The court held that the rule in section 11 of the 1995 Act that Spanish law – Spain being the place of the tort – should apply, was ousted under section 12 because the claim had a closer relationship with England than with Spain. While it was the case that the accident had occurred in Spain, that the vehicle was Spanish and that the insurers were also Spanish, the parties were all English and lived in England. Further, the consequences of the tort would be felt by the victims in England and not in Spain.