header-logo header-logo

Roam to...?

26 March 2010 / Meghann McTague
Issue: 7410 / Categories: Features , Personal injury
printer mail-detail

Where has Rome II taken us to in personal injury claims? asks Meghann McTague

The first decision on the application of Rome II came before the UK courts at the end of last year and Mr Justice Owen handed down his judgment last month. In Jacobs v Motor Insurers Bureau [2010] EWHC 231 (QB) on 19 December 2007, Mr Clinton Jacobs, a British national who was resident in the UK, was in the car park of a shopping centre in Fuengirola, Spain. He was stood at the rear of his parked vehicle when he was hit by another car and injured.

The other car was being driven by Mr Winfred Bartsch, a German national who was, at the time of the accident, resident in Spain. The vehicle was uninsured.

Had this accident happened in the UK, then the process for recovering damages for personal injury where the tortfeasor was uninsured would have been entirely straightforward; Mr Jacobs would have sought compensation from the Motor Insurers Bureau (MIB) through its obligation under the Uninsured Drivers’ Agreement

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
Dinsdale v Fowell is a High Court case entangling bigamy, intestacy and modern family structures, examined in this week's NLJ by Shivi Rajput of Stowe Family Law
back-to-top-scroll