Uninsured Drivers & Accidents Abroad : Damages & Applicable Law
Jacobs v MIB[2010] EWCA Civ 1208 The appellant, (J) was a resident of the United Kingdom; he was injured when he was struck by a car driven by an uninsured driver in Spain. J appealed against a...
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SUN, SAND AND SPANISH LIMITATION PERIODS
Kershaw v (1) Carey (2) Banco Vitalicio de Espana [2011] September. HHJ Armitage QC (Manchester CC)This claim was brought by the Claimant in the Manchester County Court. It arose out of a rather...
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The English Claimant in Spain
Gallagher v Wright (Manchester CC, Recorder Gregory, 25 November 2011 and 2 February 2012) The Claimant (G) was a rear seat passenger in a car travelling to Alicante airport, Spain when the...
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A Tale of Two Countries: applicable law in a claim against a foreign (French)...
Kira Middleton v Allianz IARD SA v Erika Lee Middleton [2012] EWHC 2287 (QB) This matter arose out of a road traffic accident in France on 6 February 2002. The Claimant was a child born on 28...
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JURISDICTION, CONSUMER PROTECTION, CRUISING BY FREIGHTER AND A MOONLIGHT FLIT...
Peter Pammer sounds like the name of a character from a (badly written) sitcom, but is in fact the name of an Austrian with an eye for a bargain. While searching online for a cheap holiday, Mr...
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Applicable Law in Tort under Rome II and English Case Management Decisions
It’s one of the oldest chestnuts in private international law and has been brought into sharper focus by the Rome II Regulation on applicable law in tort. Assume that the English Claimant is...
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English RTA Victim Sues MIB for Injuries in Accident Abroad: Applicable Law...
Bloy & Ireson v MIB [2013] LTL (QB, Manchester DR). This case arose out of a road traffic accident in Lithuania in which the Claimants (the First Claimant, a child, in particular) suffered very...
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Scuppered by the Athens Convention
The Athens Convention has long been a trap for the unwary claimant who either doesn’t appreciate that accidents at sea are governed by the Convention or that there is currently a 2 year limitation...
View ArticleApplicable Law in Tort and the Instruction of Expert Witnesses
Wall v Mutuelle de Poitiers Assurances [2014] EWCA Civ 138; LTLThis appeal arose out of a preliminary issue trial on the proper meaning of Articles 1.3 and 15 of the Rome II Regulation in the context...
View ArticleJurisdiction and Applicable Law
Brownlie v Four Seasons Holdings Incorporated [2014] EWHC 273 (QB, Tugendhat J)The Claimant brought personal injury proceedings on her own behalf and on behalf of the estate of her late husband arising...
View ArticleRome II and the Law of the Tort
Those with an interest in the Rome II Regulation (there must be someone else out there) may already be familiar with the recent decision of Slade J in Winrow v Hemphill & Anor. [2014] EWHC 3164...
View ArticleForeign Law in the English Courts
A number of the English lawyers who conduct PI litigation in cross-border cases have warned that the full implications of the Rome II Regulation (864/2007) – and the impact that it has on the...
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