Bianco (Widow and Administratrix of the estate of the late Vladimiro Capano on behalf of herself and dependant children) v Bennett

Fatal accident – Damages. The claimant's husband, who had been in England at the relevant time, had been killed when hit by a car driven by the defendant. The family were Italian and lived in Italy, and the husband's employer was an Italian company. The defendant admitted two thirds liability. The claimant sought, by way of 'subrogated claims', to recover from the defendant benefits that she had been paid, or was due to be paid, by the Italian Workers Compensation Authority and her husband's employer and for which she was contractually obliged to seek recovery. The Queen's Bench Division, on the trial of a preliminary issue, held that the subrogated claims were not recoverable by operation of Parliament and Council Regulation (EC) 864/2007 (on the law applicable to non-contractual obligations) (Rome II) and the Fatal Accidents Act 1976.

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