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26 March 2010 / Meghann McTague
Issue: 7410 / Categories: Features , Personal injury
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Roam to...?

Where has Rome II taken us to in personal injury claims? asks Meghann McTague

The first decision on the application of Rome II came before the UK courts at the end of last year and Mr Justice Owen handed down his judgment last month. In Jacobs v Motor Insurers Bureau [2010] EWHC 231 (QB) on 19 December 2007, Mr Clinton Jacobs, a British national who was resident in the UK, was in the car park of a shopping centre in Fuengirola, Spain. He was stood at the rear of his parked vehicle when he was hit by another car and injured.

The other car was being driven by Mr Winfred Bartsch, a German national who was, at the time of the accident, resident in Spain. The vehicle was uninsured.

Had this accident happened in the UK, then the process for recovering damages for personal injury where the tortfeasor was uninsured would have been entirely straightforward; Mr Jacobs would have sought compensation from the Motor Insurers Bureau (MIB) through its obligation under the Uninsured Drivers’ Agreement

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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