Damages Under French Law - The Latest Position

The application of EC Regulation 864/2007, otherwise known as Rome II, has once again moved the goalposts for those who have the misfortune of suffering accidents abroad and wish to pursue a claim in this jurisdiction. In a nutshell, Rome II provides that the quantification and assessment of damages ordinarily falls to be determined by the law of the country where the accident takes place. In the majority of such cases it is therefore now necessary to produce evidence from foreign lawyers so the English judge understands how the claim should be quantified according to the applicable foreign law.

Despite the application of Rome II, in many cases it will still be beneficial for English claimants to bring their case before their home courts. Not only will it be logistically more convenient, in terms of attending medical assessments for example, there will be the added benefit of being able to recover legal costs upon the successful conclusion of the claim. As