The following PI & Clinical Negligence practice note Produced in partnership with Sue Brown provides comprehensive and up to date legal information covering:
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering accidents abroad. For guidance, see Practice Note: Brexit—considerations for personal injury claims.
This Practice Note is intended to give practical tips on dealing with claims on behalf of clients injured in accidents abroad. It is not a definitive guide to the legal considerations to be taken into account and reference should also be made to the Practice Notes on jurisdiction and choice of law for more detailed guidance on these aspects.
See Practice Notes: Jurisdiction in foreign accident claims, Jurisdiction rules—personal injury and Choice of law in foreign accident claims.
The most common type of claim is of course an RTA claim. Many people are injured in road accidents overseas either as drivers or passengers. Consideration needs to be given to whether:
a claim can be pursued in the courts of England and Wales (jurisdiction)
which law will be applied in resolving the dispute (applicable law)
Consideration should also be given as to the best option for the client. For example, applying foreign law may assist with liability and/or quantum in some cases.
See Practice Notes: An introduction to road accident claims in the EU and Applicable law for road accidents claims in the EU.
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