E&W Brussels I (recast)—dealing with insurance matters [Archived]
Produced in partnership with Thomas Morgan of Reed Smith and Mark Pring of Reed Smith
Practice notesE&W Brussels I (recast)—dealing with insurance matters [Archived]
Produced in partnership with Thomas Morgan of Reed Smith and Mark Pring of Reed Smith
Practice notesARCHIVED: This Practice Note has been archived and is not maintained.
This Practice Note is of assistance when seeking to determine which EU Member state’s courts have jurisdiction to hear an insurance claim. Specifically, it addresses the reforms in Regulation (EU) 1215/2012, Brussels I (Recast) as they relate to insurance matters. These are set out in the regulation at Chapter II, Section 3 in Articles 10–15. This Practice Note considers the general rule that a defendant should be sued in the country in which they are domiciled and exemptions to that general rule when dealing with an insured who is regarded as the weaker party. The position where parties are on an equal footing is also explored. Additional protection, where there might otherwise be tacit prorogation of jurisdiction, is considered as is the impact of an agreed jurisdiction clause in an insurance dispute.
This Practice Note contains Court of Justice decisions which post date the UK’s departure from the EU. For guidance on their
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