Holidays, Accident Claims and Rome ii
Having considered the Rome ii European regulation many British Lawyers consider that this document is inadequately drafted and that in respect of personal injury awards the amounts granted will not reasonably cover British costs for rehabilitation and medical care if you require these due to an accident in the European Union.
So is there are any way you can protect your position, Yes in part, Parties may avoid the possible negative effects of Rome ii by agreeing to offer non contractual obligations to the law of their choice. This can be done:
- By a negotiated agreement where all the parties involved are participating in a commercial activity, or
- By an agreement entered into after the event that gave rise to the damage which occurred
This choice will need to be clearly specified in respect of the circumstances of the incident.
To obtain a full copy of the Roman ii Regulations go to http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:199:0040:0049:EN:PDF