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Accidents Abroad: International Personal Injury Claims applies conflict of laws principles specifically to personal injury claims with an international element, so that practitioners are provided with all the information needed when approaching cases about accidents overseas.
The book presents concise, accurate analysis on this emerging and complex area of law that no practitioner should be without. It comes at a time when new legislation is radically altering the conflict of laws landscape. Rome II will create an entirely new set of rules for choice of law in tort claims from January 2009, and it seems increasingly certain that the United Kingdom will opt in to Rome I which will likewise provide a new set of rules for choice of law in contract.
In addition to detailed coverage of the general principles applicable to personal injury litigation, the book will provide chapter-by-chapter coverage on the special legal regimes governing air, sea, and rail travel, each with its own liability rules and limitation period. Also included are further chapters on cases arising from foreign road traffic accidents and holidays abroad, the most common source of injuries abroad. This essential book highlights the respective conflict rules relating to jurisdiction (whether governed by Brussels I or common law rules) and the law applicable to any given case. It contains specific chapters on limitation, contribution claims, claims arising from death, and the problematic substance/procedure distinction.