Brussels I—Insurance disputes [Archived]
Brussels I—Insurance disputes [Archived]

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Brussels I—Insurance disputes [Archived]
  • Section 3 and domicile (art 8)
  • Where may an insurer be sued (art 9)?
  • Claims where the harmful event occurred (art 10)
  • Claims bought by injured parties—against the insurer (art 11)
  • Claims brought by an insurer (art 12)
  • Departing from the provisions in section 3

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the provisions in Regulation (EC) 44/2001, Brussels I (also known as the Judgments Regulation) dealing with insurance disputes. The basis of the provisions is to seek to ensure that the insured as the weaker party is protected and does not find themselves subject to court proceedings in the jurisdiction chosen by the insurer and with which they are likely to be unfamiliar. The Practice Note considers where an insurer may be sued and where an insured party may commence proceedings. Also considered are those cases where the parties are on an equal footing eg reinsurer v insurer.

Note: since 10 January 2015 Brussels I has been repealed in its entirety and replaced by Brussels I (recast). However, transitional arrangements have been put in place. For information on those arrangements and whether Brussels I provisions still apply to the matter you are dealing with, see Practice Note: Brussels I (recast)—application and exclusions.

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for practitioners considering which courts have jurisdiction to determine a dispute. For guidance, see Practice Note: Brexit—jurisdiction. For links to relevant guidance on the effect