header-logo header-logo

25 July 2013 / William Wraight
Issue: 7570 / Categories: Features , Personal injury
printer mail-detail

Damage: home or away?

rexfeatures_2121709a

What do those hurt outside the EU have to show to get their PI claims heard in an English court? William Wraight reports
 

In claims arising from accidents abroad, particular consideration needs to be given to the issue of jurisdiction. For claims arising out of accidents within the European Union, Regulation 44/2001 (the Judgments Regulation) governs the issue and, following the judgment of the European Court of Justice in FBTO v Odenbreit C-463/06 [2008] 2 All ER Comm 733; [2007] ECR I-11321, the jurisdiction of the English or Welsh courts over claims against the tortfeasor’s insurer can often be established.

For claims arising from accidents in non-EU countries, matters are not so straightforward and the permission of the court is required before proceedings can be validly served out of the jurisdiction. CPR 6.37 sets out the procedural framework for applications for such permissions and encapsulates the criteria that the court will consider, which are that:

  • the claim must pass through one of the “gateways” to the jurisdiction, as are set out in
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
back-to-top-scroll