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Brits abroad

by Matthew Roddan — last modified 2007-09-08 20:29

Good News for Brits abroad

Estimates of the number of Brits abroad vary from 4m to 14m. Any of those  in the EU will probably be blissfully aware of the impact of the Civil Jurisdiction and Judgments Regulation 2007 (SI 2007 No1655). Which came into force this summer.

Implementing the 5th European Motor Directive the regulations will have a huge impact upon Brits involved in Motor Accident in any EU State.

Due to a combination of these regulations and previous EU and House of Lords rulings anyone involved in a motor accident in the EU can bring their claim in their country of  domicile.

Many brits in the EU will retain their UK domicile. The essence of domicile is that you are domiciled where your permanent home is. Those living permanently in the EU will have to use their foreign jusrisdiction but those with holiday homes abroad are free to chose.

The impact of the regulations is that a claim can be brought in the UK using UK courts and solicitors. Damages are also assessed on the basis of UK law and will often be more favourable than their EU counterparts.

However, most Brits will consider the best advantage to be the removal of the language barrier which currently prevents them from pursuing an accident claim.

Matthew Roddan from  Eastleys Solicitors says "These regulations are great news for claimants, we are expecting a deluge of cases. There is likley to be a substantial backlog. We are also able to offer No Win No Fee guarantees which are not available in countries like Spain. Because of the expected demand we have already developed a free legal expense insurance product to deal with these types of cases".

However, Claimants are being warned to act quickly. Although the compensation is based on UK Law the rules governing the validity of the claim are not. For example in some EU countries claims must be brought within two years rather than three so Claimants should contact their representatives straight away.

Matthew Roddan of Eastleys can be contacted via the free advisory website service - www.lawanswers.co.uk

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