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Jurisdiction matters

30 April 2009 / Richard Scorer
Issue: 7367 / Categories: Features , Personal injury
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Part one: Richard Scorer reviews the reverse impact of Rome II

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For personal injury lawyers, accidents occurring in a foreign jurisdiction can present a host of complex and difficult issues.

Should the claim for damages be brought in the jurisdiction where the accident occurred, or in the English courts? If the latter, what law should the English court apply—the law of England, or the law of the jurisdiction where the accident occurred? How is the answer to that question affected by whether the issue to be determined by the English court relates to liability for the accident, or to quantum of damages? These issues are now more than ever under the spotlight as a result of Regulation 864/2007/EC on “the law applicable to non-contractual obligations” —a measure more commonly referred to as “Rome II”.

Time for change (again)

Rome II lays down a new body of choice of law rules for tort cases. It effectively replaces the existing law laid down in the Private International Law (Miscellaneous Provisions) Act

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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