Luka Krsljanin succeeds in major High Court Judgment on the Rome II Regulation
Owen v Galgey & Others  EWHC 3546 (QB) is a rare and valuable judgment on the proper interpretation of Article 4(3) of the Rome II Regulation, and only the second High Court judgment ever to have accepted that Article 4(3) applies.
Luka – instructed by Maud Lepez of Pierre Thomas & Partners – represented Mr Owen, a British national who suffered serious brain and spinal injuries whilst residing in a holiday home in France owned by the First and Second Defendants, British nationals. Luka successfully argued that, notwithstanding the parties’ shared habitual residence in England (which prima facie engaged Article 4(2) of Rome II) and their pre-existing relationship in England, the tort was manifestly more closely connected with France than with England, such that French Law should apply to the claim.
Of note, the Court was required to consider what impact pre-existing contractual relationships had on the application of Article 4(3), and so the judgment will be of value to cases arising in the commercial context.
Mr Justice Linden has provided a clear and careful analysis of the Rome II Regulation, which consider (amongst other things) the ramifications of the judgment in Marshall. The case is essential reading for all practitioners dealing with cross-border tort claims.
For a copy of the judgment, please click here