The law applicable to cross border road traffic accidents

Papettas, Jenny (2014). The law applicable to cross border road traffic accidents. University of Birmingham. Ph.D.

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Abstract

This Thesis addresses the issue of which law should apply in cases concerning cross border road traffic accidents. From the perspective of English law it examines the changes which have been effected by the adoption of the EU Rome II Regulation, the likely outcomes of the rules of Rome II, the interaction of Rome II with the Motor Insurance Directives and the complex tripartite relationship between Rome II, the Directives and the Hague Convention on the law Applicable to Traffic Accidents. The conclusion is that Rome II represents a different and more rigid approach to choice of law than previously existed in England and Wales. The dominant aim of Rome II is that of certainty and uniformity. Nevertheless, the competing aim of achieving justice for the parties creates a residual amount of conflict and uncertainty. However, a major criticism of the drafting of Rome II, advanced by this Thesis, is that it failed to recognise the importance of insurance in the settlement of traffic accident claims and to reflect this fact in its rules. This Thesis offers some proposals for reform in this regard.

Type of Work:

Thesis (Doctorates > Ph.D.)

Award Type:

Doctorates > Ph.D.

Supervisor(s):