header-logo header-logo

30 April 2009 / Richard Scorer
Issue: 7367 / Categories: Features , Personal injury
printer mail-detail

Jurisdiction matters

Part one: Richard Scorer reviews the reverse impact of Rome II

* * * * * *

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

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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll