As a result of a fatal road traffic accident occurring in Germany in 2004, the claimant, the deceased’s widow, brought a civil claim against the motor liability insurer for the negligent driver. Those proceedings were brought in England, being the place of domicile of the claimant as at commencement of the proceedings and in accordance with Arts 9 and 11 of the Brussels Regulation.2 The claimant sought damages for bereavement and loss of dependency. Liability having been accepted, the insurer contended that German substantive law3 applied to the assessment of damages and as such the claimant was obliged to give credit for those benefits stipulated as deductions, specifically to benefits by way of employment and maintenance by remarriage. In apparent contrast, such matters were required to be ignored in a claim under the Fatal Accidents Act 1976 (“FAA”) (as amended), ss 3–4. The key issue was whether the FAA had relevance to the claim and thus whether deduction of maintenance benefits received following the claimant’s remarriage fell to be made.