Wall v Mutuelle de Poitiers Assurances

Under the Rome II Regulation the question of what expert evidence the English court should order is a matter of 'evidence and procedure' governed by the lex fori (English law) under article 1(3), but the heads of damage recoverable and the assessment of those damages are governed by the applicable foreign law (French law) under articles 4 and 15, including any foreign tariffs and guidelines (e.g. the Dintilhac heads).