The following Dispute Resolution guidance note Produced in partnership with Mark Pring and Thomas Morgan of Reed Smith provides comprehensive and up to date legal information covering:
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering jurisdiction. For guidance, see: Cross border considerations—checklist—Jurisdiction—Brexit specific.
This Practice Note will assist when seeking to determine which court has jurisdiction for an insurance claim. Specifically, it addresses the reforms in Regulation (EU) 1215/2012, Brussels I (recast) as they relate to insurance claims. These are set out in the regulation at Chapter II, Section 3 in articles 10–15. This Practice Note considers the general rule that a defendant should be sued in the country in which they are domiciled and exemptions to that general rule when dealing with an insured who is regarded as the weaker party. The position where parties are on an equal footing is also explored. Additional protection where there might otherwise be tacit prorogation of jurisdiction is considered as is the impact of an agreed jurisdiction clause in an insurance dispute.
Regulation (EU) 1215/2012, Brussels I (recast) leaves the previous regime relating to insurance claims largely intact. Recital 16 of Regulation (EU) 1215/2012, Brussels I (recast) echoes Recital 13 of Regulation (EC) 44/2001, Brussels I confirming that the main theme in respect of insurance matters remains the protection of the weaker party: 'in relation to insurance, consumer and employment contracts, the
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