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Rome II and the need to consider foreign limitation rules (Pandya v Intersalonika General Insurance Co SA)

Published on: 18 February 2020
Published by: LexisPSL
  • Rome II and the need to consider foreign limitation rules (Pandya v Intersalonika General Insurance Co SA)
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Article summary

Dispute Resolution analysis: this case considered the application of Regulation (EC) 864/2007, Rome II dealing with the governing law of non-contractual obligations and whether the need for service of the claim form was a rule of procedure or fell to be considered under the rules of prescription and limitation—in this case the relevant national law in question (that of Greece) required the claim to be served as well as issued to stop the limitation period running. The court considered it to be a rule of prescription and limitation, within the meaning of Article 15(h) of Regulation (EC) 864/2007, Rome II. The claim not having been served in time, was struck out. Written by Andrew Butler QC, barrister at Tanfield Chambers, London. or take a trial to read the full analysis.

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