Accidents Abroad focuses on English personal injury claims with an international element. An international element can occur if either party is domiciled abroad or if the accident occurs abroad.
Accidents Abroad will explain a complicated area of law in a comprehensive manner. The purpose of Accidents Abroad is to be accessible with to those with varying ranges of knowledge on the matter by setting out basic English conflicts of law rules, discussing the process by which English courts determine whether or not they have jurisdiction to hear a claim and to provide detailed analysis of jurisdictional rules, limitation periods and rules on the quantification of damages for cases affected by various treaties or European regulations.
Key features:
- Covers the general principles of conflicts law and the bases on which English courts accept or reject claims
- Applies conflict of laws principles specifically to personal injury claims with an international element
- Considers the allocation of jurisdiction under the Brussels Regulation, the Lugano Convention and the common law
- Emphasises the importance of ascertaining the correct cause of action, whether in tort, contract or restitution, and highlights the respective applicable conflicts rules, statutes and jurisdictional rules
- Written in a straightforward manner that guides practitioners through the procedural and substantive issues they will encounter in each accidents abroad case
- Details the criteria to determine whether limitation and the assessment of damages are procedural or substantive matters
- Provides guidance on procedural aspects of a case including service out of jurisdiction, challenging the jurisdiction of an English court, assessing the capacity of parties, obtaining evidence abroad, obtaining evidence in England for use abroad, procuring security for costs and proving foreign law
- Identifies types of accidents abroad cases for which the jurisdiction is determined by specific statute, regulation, directive or convention, including employer’s liability for employment abroad, package holidays, road traffic accidents, carriage by rail, carriage by sea and carriage by air
- Includes a short glossary for easy reference of Latin and conflict of laws specific technical terms