What Does This Mean for the Future?
This decision means that anyone who is injured abroad but recovers here (e.g., seeks medical treatment, undergoes surgery or therapy) can bring a claim here. Likewise, anyone who suffers a loss of earnings through time off work, or requires paid or unpaid care & assistance, could also claim for it here.
The Brownlie decision is new, and there will be more discussions to determine how it can be applied in fairness to both Claimants and Defendants. Furthermore, it looks possible for this decision to fill the void left by the UK leaving the EU.
Like all claims, there are of course many considerations; how likely you are to succeed under foreign law, costs, and the recognition of the judgment of the English court in the Defendant’s home jurisdiction.
If you have any questions, or have recently been involved in an accident abroad, get in touch with our expert Travel Law team today.