UPDATE - Wilkinson v Fitzgerald - 8th July 2011
8/7/2011
UPDATE: 8th July 2011 - The case of Wilkinson -v- Fitzgerald was heard by the ECJ in Strasbourg yesterday. Hugh Potter and Nicola Mepstead of Potter Rees were present at the hearing and report it went very well. We anticipate that the Attorney General will release his opinion on 6th September. The Court will then give Judgment in the two or three months following and finally Wilkinson will be referred back to the Court of Appeal.
UPDATE: 28th June 2011 - The case of Wilkinson v Fitzgerald will be heard by the ECJ on 7th July 2011. Potter Rees will be present at the hearing and an update on this landmark case will follow.
February 2011 - Written submissions have been filed with the European Court and were invited from all interested parties which included the other EC Member States because of the potential importance to their own RTA insurance provision.
It is not yet clear whether all Written Submissions have been filed. At present, it seems the hearing before the European Court is unlikely to be much before the Summer 2011. There will then follow the submission from the Attorney General of his Opinion towards the end of 2011 and then, ultimately, the Judgment of the European Court within a further 6 months or so.
We will revise this timetable as we receive further information.
Click here to read our summary of Mr Justice Blair's original judgment - 11th June 2009
Click here to read the full Appeal Judgment - 19th May 2010
