Road traffic accidents in the EU—jurisdiction and applicable law
Produced in partnership with Andrew Wilson
Road traffic accidents in the EU—jurisdiction and applicable law

The following PI & Clinical Negligence practice note produced in partnership with Andrew Wilson provides comprehensive and up to date legal information covering:

  • Road traffic accidents in the EU—jurisdiction and applicable law
  • Brexit
  • Jurisdiction
  • Applicable law
  • Introduction
  • Identifying the defendant
  • Jurisdiction—proceedings commenced before 1 January 2021
  • Position before 1 January 2021
  • Importance of Brussels I (recast)
  • The general rule on jurisdiction
  • More...

Note: The UK's departure from the EU has implications for practitioners considering road traffic accidents in the EU. See Practice Note: What does IP completion day mean for PI & Clinical Negligence claims?

IP completion day is defined in the European Union (Withdrawal Agreement) Act 2020 as 11 pm on 31 December 2020.

For guidance on whether judgments of the Court of Justice are binding on UK courts, see Q&A: Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?

It is important for the practitioner to have an understanding of the changes to the relevant regulatory regimes brought about by the UK’s withdrawal from the EU and their impact on issues of jurisdiction and the applicable law.

Brexit

Jurisdiction

The key legislation in connection with matters relating to jurisdiction following the UK’s departure from the EU and IP completion day is the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019, SI 2019/479. These regulations had the effect of amending the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982). Of most relevance is regulation 7: this provided for CJJA 1982, s 2 which gave the Brussels Conventions the force of law, to be omitted from IP completion day.

The Withdrawal Agreement provided for the continued application of EU rules during the Brexit transition or implementation period. However, from 1 January 2021 Brussels I

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