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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

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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