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Conflict of laws – Jurisdiction. The issue for determination was whether the claimant was entitled to rely on art 11(3) of Council Regulation (EC) 44/2001 to sue an alleged foreign-domiciled tortfeasor in the same proceedings as a direct claim brought against such tortfeasor's foreign-domiciled liability insurer in the English court. The Court of Appeal, Civil Division, held that art 11(3) of the Regulation applied to the claim which the claimant wished to pursue against the second defendant tortfeasor, notwithstanding that the claimant had been seeking the procedural advantage of the higher quantum of damages that would be awarded by an English court.
Conflict of laws – Jurisdiction. The issue for determination was whether the claimant was entitled to rely on art 11(3) of Council Regulation (EC) 44/2001 to sue an alleged foreign-domiciled tortfeasor in the same proceedings as a direct claim brought against such tortfeasor's foreign-domiciled liability insurer in the English court. The Court of Appeal, Civil Division, held that art 11(3) of the Regulation applied to the claim which the claimant wished to pursue against the second defendant tortfeasor, notwithstanding that the claimant had been seeking the procedural advantage of the higher quantum of damages that would be awarded by an English court.
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