Jurisdiction – Can a personal injury claim be brought before an Northern Irish Court where an accident occurs outside of Northern Ireland?

Both Plaintiffs and Defendants need to be aware of the jurisdiction in which a personal injury claim can be brought if the accident giving rise to the claim occurs outside Northern Ireland.

When the UK was in the European Union, jurisdiction in personal injury claims was governed by the Brussels I Recast Regulations (EU 1215/2012), which provides that a “person domiciled in a Member State shall, whatever nationality, be sued in that Member State.” (Article 4 (1)). In other words, a Defendant should be sued either in the state of their domicile or in the State where the harmful event occurred (i.e. where the cause of action occurred or where the Defendant, or one of the Defendants, resides or carries on business). Therefore, if the accident occurs outside Northern Ireland, the only basis for bringing a claim in Northern Ireland is if one of the Defendants is domiciled there. Article 7 gives the Plaintiffs discretion to sue in another Member State.

As of the 1^st January 2021, the Brussels regime ceased to apply in the UK, including Northern Ireland, for new claims. Northern Ireland, therefore, falls back onto common law jurisdiction principles until such times as a new arrangement is negotiated with respect to the choice of jurisdiction. In the absence of any such agreement, it is for the domestic law of each country to determine whether or not the jurisdiction of a court in another jurisdiction would be effective.

A claim can be brought in Northern Ireland if the accident occurred within its jurisdiction. If the accident occurred outside Northern Ireland, it must be demonstrated that Northern Ireland is the most appropriate forum and has the closest connection to the claim, and that the case can be tried most efficiently and fairly there. This is generally satisfied by showing that one or more of the Defendants is domiciled in Northern Ireland, that it meets the close connection test as the most convenient jurisdiction for witnesses and experts, that the Plaintiff can show that they suffered some form of ongoing or financial loss in Northern Ireland, and it is in keeping with the overriding objective.

Conclusion

Even where an accident occurs outside Northern Ireland, a claim may still be brought in Northern Ireland if one or more of the Defendants reside there and it can be demonstrated that it is the jurisdiction with the closest connection to the proceedings.

If you have any queries, please contact Enya McKenna or a member of the Defence Insurance Litigation team at Carson McDowell.

*This information is for guidance purposes only and does not constitute, nor should be regarded as, a substitute for taking legal advice that is tailored to your circumstances.