The Pan European Organisation of Personal Injury Lawyers (PEOPIL) has announced the establishment of a task force of PEOPIL international lawyers, chaired by Stewarts partner Chris Deacon, to fight for improved relations and cooperation between the United Kingdom, the EU and European Free Trade Association (EFTA) member states.
Chris, a partner in our International Injury team, is joined in the group by other international travel lawyers, including PEOPIL president Ana Romero, vice president Liam Moloney and Italian lawyer Marco Bona.
The loss of the right by EU27 and UK citizens to bring a claim for damages in their home courts following an injury while travelling overseas in the EU, EFTA countries and/or UK has restricted access to justice and created problems concerning enforcing judgments. These are probably the two most important issues of concern for international injury victims arising from the UK’s exit from the EU. The loss of rights on enforcement and jurisdiction for injury victims has also created uncertainty and additional cost in proceedings arising from claims involving UK citizens.
Commenting on the task force’s objectives, Chris said today: “The focus is on improving access to justice for injury victims and achieving greater certainty. Since the UK left the EU, neither the Lugano Convention nor the Recast Brussels Regulations apply to matters involving the UK and the EU/EFTA. This has caused considerable uncertainty for injury victims and potential defendants, including insurers, about where an injury claim should be brought and whether a judgment will be recognised or enforceable in another state.”
Chris added: “The UK’s attempts to rejoin Lugano post-Brexit have been rebuffed by the EU Commission. There is no rational, legal argument for preventing the UK from re-acceding to the Lugano Convention. The Hague Conventions of 2005 and 2019 do not go far enough in protecting the rights of injury victims, consumers and employees. An alternative would be for the EU, EFTA and UK to now work urgently towards a new bi-lateral convention that protects, promotes and enhances the rights of EU, EFTA and UK citizens and injury victims in the field of enforcement and jurisdiction.”
The Lugano Convention enables access to justice for thousands of victims, consumers and workers in the EU27 and EFTA states. The Convention enables them to bring proceedings against an individual or company based in another state signatory to the convention. It also enables victims to enforce a judgment obtained in proceedings relying on the Lugano Convention, providing considerable certainty to individuals as well as defendants and insurers in cross-border proceedings falling within its scope.
The Convention provides a direct right of action against the liability insurer in the victim’s home court, where this is possible under the applicable law. A direct right of action exists in motor accidents by virtue of the Motor Insurance Directive regime, and the UK has preserved the direct right of action against UK motor insurers following Brexit.
Chris added: “If the UK is not now permitted to reaccede to the Lugano Convention, or the EU, UK and EFTA states do not take substantive steps towards a new bilateral arrangement on enforcement and jurisdiction, the significant, detrimental impact on EU citizens will persist. There will also be a knock-on effect on the demands placed on the various EU member states where it is not possible for victims to seek redress and obtain compensation because of another party’s negligence.”
Commenting on the establishment of the PEOPIL task force, Ms Ana Romero, PEOPIL President, said: “I am delighted that PEOPIL is in a position to support the aims and objectives of this task force. Those involved in cross-border litigation continue to experience jurisdictional and enforcement issues because the UK is no longer a party to either the Brussels Regulations or the Lugano Convention. PEOPIL has long been seeking solutions to the locking out of the UK from the protections afforded to UK citizens under the Recast Regulation (Regulation EC No. 1215/2012) and the Lugano Convention. PEOPIL strongly believes it is inequitable that the EU continues to refuse the UK’s request to accede to the Lugano Convention, which will only benefit the 400 million + citizens of the EU27”.
Ms Romero added: “If this accession is not permitted, then EU27 nationals who are injured while visiting the UK may be forced to travel overseas in order to bring their claim for damages, where proceedings are conducted in a language with which they may not be familiar. They may also find access to justice more challenging. Therefore, there is a real risk of denying access to justice to thousands of injured claimants each year.”
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