- Rome II and foreign limitation periods (Johnson v Berentzen)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The High Court of England and Wales concluded that a personal injury claim arising out of a road traffic accident was time-barred under Scots law, even though it would not have been time barred under English rules of limitation, pursuant to Regulation (EC) 864/2007, Rome II. In particular, the requirement to serve proceedings in order to stop the clock for limitation purposes, which was regarded as a ‘long standing matter of substantive Scots law’ (para ), had not been complied with. However, the court allowed the claim to proceed by way of exercising a statutory discretion found within the same Scots rules on limitation. Written by Phillip Patterson, barrister, Hardwicke.
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