Kennedys – Cross Border Civil Claims – Post Brexit; an overview of key changes and practical implications

Author - Various

Civil claims with a European cross border element have been commonplace for years, whether as a result of accidents involving European drivers in the UK or UK nationals being involved in accidents in Europe. Those involved in the handling of the resultant claims will be well versed in the regime set out by Brussels I Recast Regulation and Rome II. There were some occasional exceptions to keep us on our toes but generally there was a logic as to where claims could be brought, whether an insurer could be sued directly and which law applied. At 23.00 on 31 December 2020 that all changed and with it went the (relative) certainty of the Brussels/Rome II regime. Here Kennedys provide an overview of some of the key changes.