Gerard McDermott QC revisits Rome II, considering Homawoo & the opinion of Advocate General Mengozzi
The number of accidents involving people who are injured while working or on holiday abroad is, inevitably, on the increase. Practitioners in this field are all alert to the issues as to the importance of identifying the applicable law in this regard. In the most serious of cases, such as those involving victims who suffer a spinal cord injury or a serious head injury, the determination of whether, for instance, the law of Spain or the law of England and Wales applies may mean a difference of well over £1m in terms of assessment of their future loss.
Rome II
In any case where the accident overseas occurs after 11 January 2009 then the provisions of Regulation 864/2007 (Rome II) will govern the choice of law to be used by any court within the EU determining either liability or damages in a cross border tort claim. Particularly, in terms of the question of determination of damages this is a significant change from the previous law in England
