Outer Temple Chambers’ Gerard McDermott acts as leading counsel in cross-border case

Gerard McDermott QC of Outer Temple Chambers has acted as leading counsel for the claimants in a significant cross-border case.

Judgment was handed down on 3 March in Vann & Others v Ocidental-Companhia de Seguros SA.

The claimants were on a family holiday in Portugual when two members of the family were struck by a vehicle while crossing the road. The defendant insurer denied liability and alleged contributory negligence.

Liability was established and for the second time in six months McDermott defeated allegations of contributory negligence made by the defendant against his clients. The decision is also significant in the field of travel law because, by virtue of article 4(1) of the Rome II Regulation, liability was decided under principles of Portuguese law, which was applied by the English High Court.