Accidents Abroad provides practical guidance on all aspects of personal injury claims with an international dimension. As Britons increase their travel for business and pleasure, practitioners are faced with a growing number of these claims. Crucially, it explains the principles of the conflict of laws and shows how they apply to personal injury claims, a topic often unfamiliar to UK-based practitioners. It then goes on to examine the different types of accident abroad and the issues relevant to each one.
- 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 rules applied by the English courts when choosing the law to be applied to a case, including the Rome I and Rome II Regulations
- Covers obtaining evidence abroad and in England for use abroad
- Explains procedural aspects of a case including service out of jurisdiction and challenging the jurisdiction of an English court
- Shows how to determine whether limitation and the assessment of damages are procedural or substantive matters
- Covers obtaining security for costs and proving foreign law
- Identifies types of accidents abroad cases for which the jurisdiction and liability rules are determined by specific statute, regulation, directive or convention
- Looks at road traffic accidents, employers’ liability, package holidays, environmental claims, product liability, and accidents on aircraft, ships and trains
- Includes a glossary explaining Latin and conflict of laws terms
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