Ironically, I was heading to France on my Honda ST1300 Pan European for a holiday. The only Pan I used after the collision was a bed pan as I was laid up for three months with a broken pelvis and leg. The driver was truly sorry and his foreign insurer admitted liability straight away.
However, when it comes to the value of my case, it hasn’t settled and we have issued court proceedings in England. If a ‘no-deal Brexit’ happens, will I have to go to France for the trial? I am also really worried I will not get my compensation even if I win at court.
Answer
If there is a no-deal Brexit there will be changes to the laws followed in personal injury cases. Because you have already issued court proceedings in England, the law provides that the courts in England and Wales will continue to apply the existing jurisdiction rules to cases where the proceedings were commenced, but not concluded, before Brexit.
So in short, you will not have to go to France for the trial. However, if you win, but the foreign insurer does not pay your claim, there will likely be some issues regarding the jurisdiction and the recognition and enforcement of the judgment you obtain.
Therefore, if there is a no-deal Brexit you will likely have some different legal hurdles to get over and it will likely affect your claim. I would add that this is written in September 2019 so everything is very much up in the air and unfortunately I cannot give you any definite answers. Anyone who claims otherwise is full of it.
Andrew ‘Chef’ Prendergast
Motorcycle Monthly October 2019
