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Clearing the Rome II hurdle

The question of which country's laws apply to a personal injury claim is not as simple as it seems, explains Sophie Robson

19 December 2014

Picture the scenario: you suffer an unfortunate accident while overseas and, having decided to bring a personal injury claim against the person responsible, you are then faced with the none-too-straightforward question of which country's laws will apply. One might naturally assume that the applicable law is automatically and without exception that of the country in which you were injured, and that a claim can only be brought in that jurisdiction. As with many aspects of the law, however, it is not quite as simple as that.

Escape clause

Most of us will be familiar with the basic concept of regulation 864/2007 (better known as Rome II), if not the nitty-gritty detail. Essentially, article 4(1) of the regulation lays down the general rule that the applicable law in tort is the law of the country in which the damage occurs. So far, so simple. However, articles 4(2) and 4(3) provide cruciall...

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