Homawoo Judgment just in - ECJ follows Advocate General's Opinion

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Who are BL Claims Solicitors

BL Claims Solicitors specialise in personal injury, clinical negligence and travel claims, providing our clients with hands-on support, nationally.

We are rated as one of the top firms in the UK and believe in speaking to our clients in jargon-free language and ensuring you're speaking to a highly qualified lawyer right from the outset

The Court held that Articles 31 and 32 of Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non‑contractual obligations (known as the ‘Rome II’ Regulation)must be interpreted as requiring a national court to apply the Regulation only to events giving rise to damage occurring after 11 January 2009. As the Court has followed the Advocate General's opinion, it means that where the accident has occurred before 11 January 2009 English individuals will be entitled to English damages even if the accident happened in another EU country (although the types of loss an individual can claim will still be governed by the law of the place where the accident occurred). Any accident after 11 January 2009 will require the level of damages to be calculated according to the laws of the country in which the accident took place.

It was further held that the date on which the proceedings seeking compensation for damage were brought or the date on which the applicable law was determined by the national court which heard the matter have no bearing on determining the application of the Regulation.
A previous article written by my colleague Chris Deacon sheds some more light on the background of the Homawoo case, see here.

Further details can be found here.

For further information please contact Lauren Haas, a Solicitor in Blake Lapthorn's Claims Abroad team on 023 8090 8090 or at lauren.haas@bllaw.co.uk

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If you would like to talk to someone and discuss a potential claim please call us on 0344 620 6600 anytime between 8am and 6pm Monday to Friday, or if you would prefer you can email us at info@blclaims.co.uk