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Regulation 864/2007 on the law applicable to non-contractual obligations (known as Rome II) has brought about significant change in the field of foreign accidents. Since the European Court of Justice judgment in December 2007 in Schadeverzekeringen NV v. Odenbreit, Claimants have increasingly been using the opportunity to bring proceedings direct against foreign road traffic insurers in the English courts. In such claims, it has been held that the issue of quantum is a matter of procedure, to be determined by the law of the forum in which proceedings were issued.
However, this has changed, possibly for all accidents after 19 August 2007, as a result of Rome II. Now it is necessary to take into account the rules of the foreign country in which the accident happened. Claimant's lawyers now have to advise their clients about foreign rules on, for example, limitation i.e. the period of time in which a claim must be brought, liability, contributory negligence, medico-legal evidence and as the calculation of loss.
As there are significant differences in European systems of compensation great care must now be taken to ensure the client is given the correct advice: who to sue; where to sue; and whether there are alternative choices of law available.
For more information please contact us. We will either be able to advise ourselves or provide access to specialist advisers who will be able to assist.
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