Saturday, 9 June 2012

Holidays, Accident Claims and Rome ii

Part 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 

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