header-logo header-logo

Playing by the rules

05 August 2010 / Patricia Shine
Issue: 7429 / Categories: Features , EU , Insurance / reinsurance , Commercial
printer mail-detail

Patricia Shine reports on an own goal in an EU insurance dispute

The Brussels I Regulation (the regulation) on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters establishes a general scheme of jurisdictional rules to be applied uniformly across the EU. Jurisdiction is based primarily on the domicile of the defendant as set out in Art 2, but this basic rule may be varied by one of the supporting and amplifying provisions set out in other articles. Insurance matters, however, have their own jurisdiction rules, with the aim of ensuring stronger protection for the weaker party, as set out in Arts 8 to 14 in Chapter II, s 3, of the regulation. Article 12(1) states that in insurance matters, an insurer may bring proceedings only in the courts of the member state in which the defendant is domiciled, irrespective of whether he is the policyholder, the insured or a beneficiary. Article 13 allows the rules in this section to be departed from in the event of agreement between the

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll