Chris Pamplin looks at some of the expert witness issues that can arise in litigation that crosses EU member state borders
In a shrinking commercial world, lawyers may well find themselves involved in some form of cross-border litigation. Such litigation carries with it potential difficulties and, not least among these, is the form and manner in which experts are appointed and expert evidence is taken. Within the EU, however, there have been attempts to “streamline” the process, but these can throw up their own problems.
When you crash your car in France
In cases in which some obligation arises (other than through contract) that have a connection with more than one European state, such as road traffic accidents involving citizens of more than one EU member state, EU Regulations (Council Regulation (EC) No 44/2001 of 22 December 2000 (Brussels I)) permit the injured party to bring an action directly against the insurer in the courts in the country in which the claimant is domiciled, provided that a direct action is permitted and
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