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Dont have an accident outside UK


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This ties in with the Lugano thread but I thought it best to make separate threads rather than one lengthy one.


On 31 January 2020, the UK Prime Minister Boris Johnson announced with great fanfare that “we are leaving the European Union”. In reality, however, it will be business as usual until at least the end of 2020, with EU law continuing to apply in the UK while Brexit is in transition. In this article, Chris Deacon, partner, and Hannah Fletcher, trainee solicitor, examine what the Brexit transition period means for UK residents who are involved in a serious accident in the EU.


What will happen when the transition period ends on 31 December 2020?


When the transition period ends, the picture for UK residents injured in the EU will look very different than it does now. The Recast Regulation, Lugano Convention and EU Motor Insurance Directives will no longer apply in the UK. The automatic right to bring proceedings against an EU-based defendant in the circumstances outlined above will fall away. It will also take longer to enforce a judgment from the UK courts as you will need to go through the legal procedures in the country where you are seeking to enforce rather than relying on automatic recognition and enforcement under EU law.


Important rights for individuals will, therefore, fall away unless steps are taken to incorporate them into UK law or replace them with alternative legislation before the end of the transition period.


What solutions are available to ensure the rights of injury victims are preserved after Brexit?


The UK could sign up to the Lugano Convention. Helpfully, the UK government has already made clear its intention to do so.


Unfortunately as seen from the other thread, thats not going to happen because we left the EU.



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