Julian Chamberlayne and Christopher Deacon provide an overview of the law and the practical implications for those advising English claimants injured in Australia and beyond in their article “Jurisdiction and the English Claimant: Heading Home or Staying ‘Down Under’?” as published in the June 2014 edition of Travel Law Quarterly.
They conclude that if there is a chance that the English courts may be a more appropriate forum and could have jurisdiction then failing to investigate that possibility when advising an English resident claimant could significantly alter the outcome of the claim and the damages the client recovers.
The requirement to act in a client’s best interests means that, not only are there potential conduct implications, but the failure to advise could impact on professional indemnity insurance.
Please click here for the full pdf of the article – Travel Law Quarterly, June 2014
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