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

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
back-to-top-scroll