If you’re making a claim for an injury or illness you suffered abroad, we understand you might have questions about the impact of Brexit. You may also have concerns if you’re yet to start your personal injury claim.
To help, our international serious injury lawyers have put together this FAQ.
How Will Brexit Impact My Existing Personal Injury Claim?
If your claim was started before 31 December 2020, then there will be no change to your claim. It will continue to run in the country where you started it, and the settlement or judgement on the claim should still be enforceable even now that the Brexit transition period has ended.
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How Will Brexit Impact Claims Made After 31 December 2020?
The EU/UK trade agreement doesn’t contain any specific measures that relate to how international injury or illness claims will be dealt with after 31 December 2020.
However, the previous "Brussels Regime" no longer applies to these claims. In the absence of any other agreement, they are now to be dealt with in accordance with well-established "common law" rules.
This means that claims made by UK citizens after incidents that happened in the EU will need to be considered on a case by case basis, looking at issues such as:
- Where the claim can be made
- How the claim is pursued
- Whether a foreign country will accept the decision of a UK court, and vice versa
- How the claim can be funded.
There are some exceptions to the applicability of the "common law" rules in the areas of consumer or employment claims, or where the parties have agreed where any claim is to be pursued.
We’re campaigning for the UK to be accepted into the "Lugano Convention". This convention is very similar to the "Brussels regime" that governs claims made by EU citizens.
The UK applied to be a part of the Lugano Convention in April 2020. However, our application is yet to be accepted by the countries currently signed up to the Convention.
If you’re worried about how Brexit might affect a claim you haven’t started yet, please contact us for a free initial consultation.
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What About International Serious Injury Claims Involving Countries Outside The EU?
For accidents that happen (or have happened) outside of the EU, the situation will remain the same after Brexit. The courts of England and Wales will use well-established principles of International Law (which are already included in English law), when dealing with international serious injury claims.
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Is There Anything I Can Do To Protect Myself Or A Loved One After An Accident Abroad?
The key thing is to contact us as soon as possible after an accident or illness abroad. Even if Brexit hadn’t happened, this would still be our advice.
The main reasons it’s important to start a claim earlier are:
- It’s easier to get evidence in support of your claim (witness statements, photos, documents).
- If you need to make a claim in a foreign country (or foreign laws apply to certain parts of a claim made in England and Wales), the time limit for starting your claim after your accident can be shorter than the time limit under English law (which is usually three years from the date of the accident).
Starting a claim earlier gives you more options. This will be really help your chances of getting compensation.
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What Is Irwin Mitchell Doing To Help In This Area?
Our International Serious Injury Team is taking a leading role in trying to get new rules in place.
Earlier in 2020, the Law Society set up a group of leading lawyers and academics to prepare for the post-Brexit landscape. A Partner in our International Serious Injury Team, Cheryl Palmer-Hughes, is playing an active role in that working group.
The Law Society Working Group is trying to get the UK’s application to join the "Lugano Convention" accepted. This convention is similar to the "Brussels regime" that governs international personal injury claims made by EU citizens.
At the same time the Group is working with the UK government, to update UK law relating to international serious injury claims.
At Irwin Mitchell we’ve put measures in place to support our clients in the post-Brexit world. If you have any queries or concerns, please call us on 0800 056 4110 or contact us online for a free initial consultation about your case.
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