header-logo header-logo

Good news for motorists injured abroad

10 January 2008
Issue: 7303 / Categories: Legal News , EU , Damages , Personal injury
printer mail-detail

Personal Injury

The injured party in a road traffic accident may bring an action directly against the insurer of the person responsible before the courts in the place where the injured party is domiciled, the European Court of Justice (ECJ) has ruled.

 

In FBTO Schadeverzekeringen            , it was held that under EU law the right is subject only to the conditions that the insurer must be domiciled in a member state and that such a direct action must be permitted under national law.

 

Bond Pearce solicitor Nicholas Bevan says the ruling provides something of a breakthrough, even though there will be cases where the direct right of action does not apply, such as where the insured has compromised his indemnity through non-disclosure or misrepresentation.

 

Bevan says: “The ruling does not extend to tort law claims against the foreign national.”

 

“However, it seems that for the majority of cases where claimants are domiciled in England and injured either here or abroad by someone domiciled and insured abroad but within the European Economic Area or a contracting country, it will be possible to issue proceedings against the foreign insurer here with far greater facility, with concomitant cost savings and greater speed,” he adds.

Issue: 7303 / Categories: Legal News , EU , Damages , Personal injury
printer mail-details

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll