Accidents abroad

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Practical tips

Various issues arise in relation to accidents abroad including:

  1. •

    can the claim be brought in England and Wales

  2. •

    do the courts of England and Wales have jurisdiction to hear and determine the claim

  3. •

    how can service of proceedings be carried out abroad

  4. •

    which country’s laws will govern the various issues in the case and how will this be determined

The first step is to determine whether the incident relates to a package holiday which is covered by the Package Travel Regulations. For the majority of package holiday claims, it is usually possible to bring a claim against a travel operator domiciled in England and Wales. However, jurisdiction is likely to be an issue in relation to non-tour operator claims and road traffic accidents.

For practical tips on dealing with cases involving claimants injured abroad, see Practice Note: Accidents abroad—a practical guide.

It is important to appreciate that special rules apply under international conventions in claims arising from international travel by train, air or sea. For further guidance, see Practice Notes: Accidents arising from air travel and Accidents at sea.

Jurisdiction

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