Tort / Personal Injury

Accidents Abroad: International Personal Injury Claims

Edited by Bernard Doherty · Katharine Scott · Colin Thomann
Sweet & Maxwell U.K. August 2009

Specifications

ISBN-13
9781847035592
Publisher
Sweet & Maxwell U.K.
Publication
August 2009
Format
Hardback
Jurisdiction
International ? Countri(es) for reference only

Details

Aimed specifically at personal injury lawyers and written by an experienced practitioner, Accidents Abroad is a conflict of laws text book that:

 

  • Provides concise, accurate analysis on a complex area of law that, as travel increases, is becoming routine even for the general personal injury practitioner
  • Covers the jurisdictional issues arising in personal injury litigation, under EU Regulation 44/2001, the Lugano Convention, and at common law
  • Considers in detail the grounds on which an English court will accept or reject jurisdiction
  • Looks at the rules applied by the English courts when choosing the law to be applied to a case, including a detailed description both of the existing English law English law and of Rome I and Rome II, European Regulations which will transform English law in the area
  • Provides guidance on the procedural aspects of dealing with claims with an international element
  • Examines particular classes of international claims, including road traffic accidents, employers' liability, package holidays, environmental claims, product liability, and accidents on aircraft, ships and trains
  • Includes a glossary to help the general reader with the technical terms and Latin phrases that abound in these cases

 

Table of Contents

I - Fundamental Principles of Conflict of Laws
  • Introduction
  • What is 'Abroad'
  • What is Conflict of Laws
  • Jurisdiction and Applicable Law
  • Lex fori and lex causae
  • Domicile
  • Identifying the Cause of Action
II - Jurisdiction and Applicable Law
  • Jurisdiction
  • Introduction
  • Brussels Regulation
  • Common Law Allocation of Jurisdiction
  • Applicable Law
  • Introduction
  • Torts
  • Contracts
  • Restitution and Contribution Claims
  • Procedural or Substantive Law
  • In General
  • Limitation
  • Assessment of Damages
  • Miscellaneous
  • Procedure
  • Procedural Aspects
III - Particular Cases
  • Introduction
  • Employer's Liability for Employment Abroad
  • Package Holidays
  • Road Traffic Accidents
  • Carriage by Rail
  • Carriage by Sea
  • Carriage by Air
Glossary
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