Accidents Abroad: International Personal Injury Claims (2ed)
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
|Publisher:||Sweet & Maxwell|
|Author(s)||Doherty, B and Scott, K|