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10 January 2008
Issue: 7303 / Categories: Legal News , EU , Damages , Personal injury
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Good news for motorists injured abroad

Personal Injury

The injured party in a road traffic accident may bring an action directly against the insurer of the person responsible before the courts in the place where the injured party is domiciled, the European Court of Justice (ECJ) has ruled.

 

In FBTO Schadeverzekeringen            , it was held that under EU law the right is subject only to the conditions that the insurer must be domiciled in a member state and that such a direct action must be permitted under national law.

 

Bond Pearce solicitor Nicholas Bevan says the ruling provides something of a breakthrough, even though there will be cases where the direct right of action does not apply, such as where the insured has compromised his indemnity through non-disclosure or misrepresentation.

 

Bevan says: “The ruling does not extend to tort law claims against the foreign national.”

 

“However, it seems that for the majority of cases where claimants are domiciled in England and injured either here or abroad by someone domiciled and insured abroad but within the European Economic Area or a contracting country, it will be possible to issue proceedings against the foreign insurer here with far greater facility, with concomitant cost savings and greater speed,” he adds.

Issue: 7303 / Categories: Legal News , EU , Damages , Personal injury
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MOVERS & SHAKERS

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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