Rome II

European Regulation 864/2007 or "Rome II” is one of the most important developments for international personal injury claims in recent years. It creates a standard set of rules for European Courts to use when dealing with non-contractual cases involving a cross-border element, for example if a driver was injured in a Road Traffic Accident whilst travelling abroad. It intended to harmonise the rules determining which law should apply when more than one jurisdiction is involved. 

The general rule of Rome II essentially states that the applicable law to be used is the law of the country in which the damage occurred. This is the default position which applies to all countries in the European Union, with the exception of Denmark.

This general rule will not apply if the liable party and the injured party are residents of the same country (in which case the laws of that country will apply, even if the accident happened abroad).

The general rule will also not apply if it is determined that the case is clearly more closely connected to another country; in which case the law of that country will apply.

Rome II also, subject to some restrictions, allows the parties to choose to apply the laws of a different country provided an agreement to this effect is entered into.

Meet the team

Bethany Blamire
Partner
Insurance Litigation
Southampton
023 8082 0549
07500 935 694
Insurance Litigation
Kelvin Farmaner
Partner & Head of Dispute Resolution Group
Insurance Litigation
Southampton
023 8082 0527
07500 935 553
Insurance Litigation
Sarah Wheadon
Partner
Health & Safety and Regulatory
Southampton
023 8082 0485
07881 343975
Health & Safety and Regulatory
Chris Whiteley
Managing Partner
Personal Injury
Salisbury
01722 426921
07884 184 580
Personal Injury
James Braund
Senior Associate
Personal Injury
Poole
01202 339014
07887 525 415
Personal Injury
James Parsons
Consultant Solicitor
Insurance Litigation
Southampton
023 8082 0455
07970 191 514
Insurance Litigation
Andrew Boba
Paralegal
Insurance Litigation
Southampton
023 8082 0495
Insurance Litigation
Julie Helling
Paralegal
Insurance Litigation
Southampton
023 8082 0521
Insurance Litigation
Victoria Barrington
Legal Secretary
Insurance Litigation
Southampton
023 8082 0520
Insurance Litigation
Angela Fraser
Legal Secretary
Insurance Litigation
Southampton
023 8082 0517
Insurance Litigation

First person - Insurance litigation

Kelvin Farmaner