Road traffic accidents in the EU—general principles
Produced in partnership with Andrew Wilson
Road traffic accidents in the EU—general principles

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—general principles
  • Does Rome II continue to apply after 1 January 2021?
  • Proceedings commenced before 1 January 2021
  • Right of action
  • Jurisdiction
  • Proceedings commenced from 1 January 2021
  • Proceedings commenced before 1 January 2021—claims against uninsured motorists
  • Claims to the Motor Insurers’ Bureau
  • Law to be applied in determining compensation
  • Where proceedings not commenced before 1 January 2021—claims against uninsured motorists
  • 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 (EU(WA)A 2020) as 11 pm on 31 December 2020.

For guidance on determining the applicable law where the accident or harmful event occurs on or after 1 January 2021, see Practice Notes: Retained Rome II—application and interpretation and Retained Rome II—the general rule and displacing the general rule.

For guidance on determining the applicable law where the accident occurred before the end of the transition period (ie before 31 December 2020 at 11 pm), see Practice Notes: Rome II—application and interpretation and Rome II—the general rule and displacing the general rule.

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?

This Practice Note should be read in conjunction with Practice Note: Road traffic accidents in the EU—jurisdiction and applicable law which identifies more specifically the regulations and precedent relating to road accidents occurring on EU roads.

Does Rome II continue to apply after 1 January 2021?

Given that Rome II has governed questions of the law to be applied

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