desperate student!

Kiya

Hi Mods, please move this if its in the wrong place.

Sorry about this, I know it’s a bit long winded, but if anyone could help I’d appreciate it!
Basically I’m in the middle of writing a big boring essay about the benefits of European living & how the individual countries in Europe been affected by becoming members. How has Mr. Joe Soap’s life been affected in various circumstances because of membership? :eek:

anyhoo, I’ve already written about the affect various eu policies on farming, fishing etc have had on his livelihood.

But my question is, has joining Europe affected a countries litigation laws too?

If Joe fell & injured himself on holiday abroad & wanted to proceed with a personal injury claim to recover his medical expenses, what’s the procedure? Has it changed since joining the EU?

Would he go to court in Ireland or in the country the accident occurred?
Would he use his own family solicitor or would he have to hire one there?

Surely now that we’re all members, you could do it from the comfort of your own country, with your own solicitor?
Or is it still location specific?

If Joe wanted to sue say a town council in that member country, from what I've read so far on different websites, he could only sue the holiday provider if he had been on a package holiday or a group tour thing.
But what if Joe wasn’t part of a tour/package holiday then suddenly he's got no recourse? What use is it to him being European then?

Joe couldn’t just sue them like he could if the injury happened here in Ireland or have I got that part completely wrong?

I’ve tried researching it but I’m drawing a bit of a blank on the basic stuff.
As you can probably tell, I really don’t have much knowledge law wise, that’s why I thought someone here might be able to help, or maybe point me in the right direction.

I even rang the aul family solicitor for some info, but he’s away & I need to get filling out this essay.

Also, anyone know if the statutes of limitations differ between member states or are they have become standard across Europe?

Thanks for your time.
Desperate student!

Tom Young

As this is academic, I am willing to leave it here.

Some pointers: Get a copy of Craig and DeBurca on European Law. The Law Society Manual on EU Law is also quite good.

Kiya wrote: »

Hi Mods, please move this if its in the wrong place.

Sorry about this, I know it’s a bit long winded, but if anyone could help I’d appreciate it!
Basically I’m in the middle of writing a big boring essay about the benefits of European living & how the individual countries in Europe been affected by becoming members. How has Mr. Joe Soap’s life been affected in various circumstances because of membership? :eek:

anyhoo, I’ve already written about the affect various eu policies on farming, fishing etc have had on his livelihood.

Kiya wrote: »

But my question is, has joining Europe affected a countries litigation laws too?

Yes, but not all that much. It's more a situation where EU member states are cooperating judicially. As you know UK and Ireland are Common Law jurisdictions. Most/many others jurisdictions are Civil Law.

Kiya wrote: »

If Joe fell & injured himself on holiday abroad & wanted to proceed with a personal injury claim to recover his medical expenses, what’s the procedure?

Usual procedures apply. Can sue where the cause of action arose or where convenient for him. Depending on the facts and evidence, it may be easier to sue where the cause of action arose. PI cases will differ and a person might decide to sue (based on legal advice) where the amount of compensation or adequacy of damages is higher.

Kiya wrote: »

Has it changed since joining the EU?

Slightly, Order 11A of the Rules of the Superior Courts makes provision for the service of proceedings under the Brussels Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters, originally entered into by the member states of the EEC in 1968, together with the Lugano Convention, originally entered into between the member states of the EC and those of EFTA in 1988. Those conventions identified the circumstances in which a person domiciled in one member state could be sued before the courts of another.
The provisions of the Brussels Convention have been replaced by EC Council Regulation No. 44/2001. While the Rules of the Superior Courts have not yet been amended to take account of this change, the practice is to apply the provisions of Order 11A as if they referred to Regulation 44/2001 rather than to the Brussels Convention. The original rules still apply in respect of EFTA states party to the Lugano Convention.
EC Regulation No. 1348/2000 provides for the method of serving judicial and extrajudicial documents in civil and commercial matters in EU member states (other than Denmark). The Hague Convention, considered below, provides for the transmission of documents to other jurisdictions.

Regulation 44/2001
The regulation applies to ‘civil and commercial matters’, excluding certain types of cases, such as those relating to matrimonial relationships, wills and succession, bankruptcy and the winding up of insolvent companies. The basic rule is laid down in Article 2(1) of the regulation, which provides that persons domiciled in a member state shall be sued in the courts of that member state. The convention goes on to identify the circumstances in which persons domiciled in a member state may be sued in the courts of another member state. The following are a few common examples of such circumstances:
1. In matters relating to a contract, a person may be sued in the courts of the member state of the performance of the contractual obligation in question (as defined).
2. In matters relating to tort, a person may be sued in the courts of the member state where the wrong occurred.
3. In any case, a person who is one of a number of defendants may be sued in the courts of the member state where any one of those defendants is domiciled, provided that the claims are so closely connected that it is expedient to hear and determine them together.
4. A consumer may sue the other party to a consumer contract (as defined) in the member state in which either of them is domiciled.

Kiya wrote: »

Would he go to court in Ireland or in the country the accident occurred?

See above.

Kiya wrote: »

Would he use his own family solicitor or would he have to hire one there?

Per choice. Many would defer work of this nature to international firms, or firms with competence ex-Ireland.

Kiya wrote: »

Surely now that we’re all members, you could do it from the comfort of your own country, with your own solicitor?
Or is it still location specific?

Yes.

Kiya wrote: »

If Joe wanted to sue say a town council in that member country, from what I've read so far on different websites, he could only sue the holiday provider if he had been on a package holiday or a group tour thing.
But what if Joe wasn’t part of a tour/package holiday then suddenly he's got no recourse? What use is it to him being European then?

Depends on the jurisdiction he decides to litigate the matter in. Its a matter of choice.

Kiya wrote: »

Joe couldn’t just sue them like he could if the injury happened here in Ireland or have I got that part completely wrong?

Technically he could (If I am understanding the question correctly)

Kiya wrote: »

I’ve tried researching it but I’m drawing a bit of a blank on the basic stuff.
As you can probably tell, I really don’t have much knowledge law wise, that’s why I thought someone here might be able to help, or maybe point me in the right direction.

Its not the clearest. See the books I recommend above.

Kiya wrote: »

I even rang the aul family solicitor for some info, but he’s away & I need to get filling out this essay.

No comment.

Kiya wrote: »

Also, anyone know if the statutes of limitations differ between member states or are they have become standard across Europe?

In general yes. Its a matter for the jurisdiction where the matter is litigated or due to be litigated in.

Kiya wrote: »

Thanks for your time.
Desperate student!

Kiya

Tom,

thanks a million for all that info, you're an absolute star.

i had to come up with a few scenarios for mr joe soap & had spent hours reading through websites for inspiration before settling on some form of litigation for him.

am heading down to the library now

thanks again.
Kiya