header-logo header-logo

Where to sue?

09 May 2014 / Nicholas Bevan
Issue: 7605 / Categories: Features , Personal injury
printer mail-detail
web_bevan

What rights do claimants injured abroad have to sue insurers directly under the Motor Insurance Directives? Nicholas Bevan reports

Some good news at last for beleaguered RTA practitioners and, Nigel Farage please note, this comes from Europe. In the EU, jurisdictional issues are governed by Council Regulation (EC) no 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I). Similar provisions apply to a defendant domiciled in Norway, Iceland, Switzerland or Denmark under the Lugano Convention 2007. If the defendant is based outside the EU/EEA, it is necessary to look to the national laws of the EU state seized of the claim (almost always where the accident occurred) to determine jurisdiction; in the UK the Civil Jurisdiction and Judgments Act 1982 applies.

The basic proposition under Brussels I is set out in Art 2(1) which states: “Subject to this regulation, persons domiciled in a member state shall, whatever their nationality, be sued in the courts of that member state.”

As with any basic rule, there are

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
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
back-to-top-scroll