header-logo header-logo

26 March 2010 / Meghann McTague
Issue: 7410 / Categories: Features , Personal injury
printer mail-detail

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

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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
back-to-top-scroll