APIL Guide to Accidents AbroadFROM £74.00
This work provides practical advice on how to run a case involving accidents abroad.
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Written by leading lawyers in the field, it covers the Package Travel Regulations, jurisdiction and applicable law, direct action against insurers, shipping and aviation claims, and damages.
In keeping with the APIL Guides series, it takes a practical approach providing all the information needed to conduct a claim. The authors’ explanatory commentary is supplemented by pleadings and precedents, together with relevant legislation and international materials making this an essential one-stop-shop for conducting PI claims with an international element.
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- Package Travel Regulations
- Jurisdiction and Applicable Law
- Direct Claims Against Insurers
- Shipping and Aviation Claims
- Pleadings and Precedents
- Legislation and International Materials
"Clear and specific comment is supported throughout by precedents, as well as pleadings, relevant legislation and international materials ... This practical work of reference should have pride of place in the professional library of every PI practitioner dealing with any personal injury claim which includes an international element"Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
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all Barristers, 3 Hare Court
With an introduction by James Dingemans QC 3 Hare Court
The word jurisdiction can be used in a number of different senses in a legal context, but here we are dealing with the question of the competence or power of a court in England and Wales to hear and determine a claim which a claimant wishes to make against one or more defendants. An English court does not have jurisdiction to entertain every sort of claim against every possible defendant in the world. This is an issue of international private law. This chapter is concerned with establishing which claims in respect of accidents abroad can legitimately be heard by an English court.
4.2.1 Jurisdiction and applicable law
Jurisdiction is an entirely different concept from that of applicable law. The applicable law determines which set of legal rules a court will apply when deciding substantive or procedural issues which arise between litigants and is not generally relevant to the question of whether a court has the competence to determine the claim. It is, however, surprising how often practitioners (and even sometimes courts) allow the two concepts to become confused and question the jurisdiction of an English court to hear a matter by reference to the foreign location of the relevant events or the involvement of a foreign system of law in deciding the relevant issues.
4.2.2 Jurisdiction is determined at the time of proceedings
The rules discussed below relating to the question of whether an English court will have jurisdiction are those which are in force at the time of writing. It is not considered necessary to give any account of the various rules which have been applicable in the past, because it is the situation which obtains at the point in time when proceedings are issued (or in some cases when they are served) which is relevant to the question of jurisdiction. As we are concerned only with the possibility of bringing claims before an English court and because there is a very limited period of time in which any challenge to the jurisdiction of the court can be made, cases in which the older regimes may be relevant are now very unlikely to arise in practice. As to the future, see n 7 with regard to changes which are at present known to come into effect as from 10 January 2015. It should also be borne in mind that the discussion below is concerned with claims which do not fall within the scope of the liability regimes created by international conventions relating to specific forms of international carriage, ie carriage by air (Warsaw and Montreal Conventions), carriage by sea (Athens Convention) and carriage by rail (COTIF). Each of these Conventions has its own special jurisdiction rules which override the general rules discussed below, and reference should be made to Chapters 7 and 8 where the scope of these Conventions and their jurisdictional rules are explained.
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