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09 May 2014 / Nicholas Bevan
Issue: 7605 / Categories: Features , Personal injury
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Where to sue?

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What rights do claimants injured abroad have to sue insurers directly under the Motor Insurance Directives? Nicholas Bevan reports

Some good news at last for beleaguered RTA practitioners and, Nigel Farage please note, this comes from Europe. In the EU, jurisdictional issues are governed by Council Regulation (EC) no 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I). Similar provisions apply to a defendant domiciled in Norway, Iceland, Switzerland or Denmark under the Lugano Convention 2007. If the defendant is based outside the EU/EEA, it is necessary to look to the national laws of the EU state seized of the claim (almost always where the accident occurred) to determine jurisdiction; in the UK the Civil Jurisdiction and Judgments Act 1982 applies.

The basic proposition under Brussels I is set out in Art 2(1) which states: “Subject to this regulation, persons domiciled in a member state shall, whatever their nationality, be sued in the courts of that member state.”

As with any basic rule, there are

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NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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