Compensation for holidaying Britons injured abroad could fall in value after a decision by the ECJ
In Homawoo v GMF Assurances SA: C-412/10 (2010/C 301/12), the European Court of Justice clarified which jurisdiction’s law should apply when assessing entitlement to damages—home or the place where the accident occurred.
It held that, if the accident happened after 11 January 2009, then the law of the country where the event occurred will apply. Where the accident happened prior to that date, the laws of the claimant’s home country will apply when assessing entitlement to damages.
According to law firm Blake Lapthorn, which has a specialist holiday claims team, the decision is “significant” because the amount of damages payable can vary across Europe’s member states. It says the same claim could be worth £4m in England but only €750,000 in Spain.
