Jurisdiction matters

* * * * * *

For personal injury lawyers, accidents occurring in a foreign jurisdiction can present a host of complex and difficult issues.

Should the claim for damages be brought in the jurisdiction where the accident occurred, or in the English courts? If the latter, what law should the English court apply—the law of England, or the law of the jurisdiction where the accident occurred? How is the answer to that question affected by whether the issue to be determined by the English court relates to liability for the accident, or to quantum of damages? These issues are now more than ever under the spotlight as a result of Regulation 864/2007/EC on “the law applicable to non-contractual obligations” —a measure more commonly referred to as “Rome II”.

Time for change (again)

Rome II lays down a new body of choice of law rules for tort cases. It effectively replaces the existing law laid down in the Private International Law (Miscellaneous Provisions) Act