Claims Involving Jurisdictional Disputes
It is becoming more and more common for personal injury claims to involve a cross border element and, where a claim potentially relates to more than one country because of the residency of the parties or the country where the accident happened, a jurisdictional dispute becomes possible. Most solicitors are unfamiliar with the various rules and procedures which arise in jurisdictional claims.
Oxford English Dictionary defines jurisdiction as:
- the official power to make legal decisions and judgements;
- a system of law courts; a judicature.
- the territory or sphere of activity over which the legal authority of a court or other institution extends.
It is the third of these definitions which is relevant for the purposes of jurisdictional disputes in personal injury claims. The jurisdiction of the Courts of England and Wales extends primarily (though with exceptions) to events that occur within the geographical boundaries of England and Wales. But what happens when your injury occurred elsewhere or where aspects of the events leading to your injury involved actions or persons outside of this jurisdiction.
Here at JS Miller Solicitors we regularly act for foreign insurers in the following types of matter:
(1) Defending foreign insured drivers who have had accidents on the roads in England and Wales.
(2) Defending claims arising out of accidents which occur in other EU member states involving drivers domiciled in England and Wales where proceedings are being brought here
(3) Acting for insurers in bringing claims for recovery of their outlay against insurers or individuals within the UK.
We are familiar with the Motor Insurance Directives and are our technical expertise in jurisdictional matters allows us to achieve results that general defendant RTA firms cannot.
Jurisdiction is an issue with which most solicitors are unfamiliar or uncomfortable. The JS Miller team have years of experience dealing in jurisdictional disputes and will ensure your case is prepared with the advantage of a number of technical strategies we have developed over the years with great success.
Check out what Michelle Castle, UK Director of Intereurope AG, had to say about the service provided by this firm.
If you are interested in discussing our boutique niche service for any case involving a jurisdictional dispute, please contact Senior Partner, Jeanette Miller directly to arrange a telephone or face to face meeting on .