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Rome II and foreign limitation periods (Johnson v Berentzen)

Rome II and foreign limitation periods (Johnson v Berentzen)
Published on: 04 May 2021
Published by: LexisPSL
  • 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?
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Article summary

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 [23]), 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. or take a trial to read the full analysis.

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