Choice of law in foreign accident claims
Produced in partnership with Sue Brown
Choice of law in foreign accident claims

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

  • Choice of law in foreign accident claims
  • What are the rules governing applicable law from 1 January 2021?
  • Determining the system of law
  • Rome II
  • General rule
  • Exceptions
  • Part III of the Private International Law (Miscellaneous Provisions) Act 1995
  • The common law
  • Uninsured drivers

Note: The UK's departure from the EU has implications for practitioners considering applicable law. See Practice Note: What does IP completion day mean for PI & Clinical Negligence claims? including, in particular, main section: Applicable law.

IP completion day is defined in the European Union (Withdrawal Agreement) Act 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?

What are the rules governing applicable law from 1 January 2021?

Regulation (EC) 864/2007 on the Law Applicable to Non-Contractual Obligations, Rome II was an EU regulation applied directly, without UK implementation (though given effect by the Law Applicable to Non-Contractual Obligations (England and Wales and Northern Ireland) Regulations 2008, SI 2008/2986) in English law in relation

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