Ergo Versicherung AG has successfully defended a claim for English levels of tort damages in respect of a tort which occurred in Germany. Dismissing the appeal, the Supreme Court distinguished the earlier decision in Harding v. Wealands on the basis that that case turned on the NSW tort damages rules constituting a package of rules addressed to Australian courts. In contrast, German tort rules in Cox v. Ergo were held to determine the scope of liability and therefore to be substantive, not procedural. Applying German rules on the scope of liability to this fatal accident claim requires mitigation to be taken into account which would not be the case under English law.
Instructed by Sara-Jane Eaton of DWF Fishburns, Hugh Mercer QC has successfully defended this claim in the High Court, Court of Appeal and Supreme Court. The judgment also considers the extra-territorial scope of English statutes and applies the “closer connection” test to a general tort statute.
Download the judgment.
