Ask a Silk: Claims where English law applies but the claimant is domiciled abroad

In this latest ‘Ask a Silk’ vlog, Carin Hunt asks Eliot Woolf QC about personal injury and clinical negligence claims in England and Wales where English law applies but the claimant is domiciled abroad. What needs to be considered?

Welcome back to ‘Ask a Silk’. These videos are short and digestible vlogs, normally in the form of a Q&A between a silk and junior member of chambers about a particular area of the silk’s expertise.

In this short interview, Carin Hunt talks to Eliot Woolf QC, an well respected silk specialising in personal injury and clinical negligence, including claims with an international element. Carin wanted to discuss international claims with Eliot and in particular, claims where the case is being heard in England and Wales and the applicable law is English law but where the claimant, who has been seriously injured, is domiciled in another country.

Carin started by asking Eliot what elements need consideration when pleading loss and damage; are there any red flags and important points to think about? They then go on to discuss the discount rate and what the scope is for deviating from the discount rate.

Eliot then explains how the courts approach to life expectancy varies in different countries. He also explains how the court may approach calculations, they may use the Ogden tables, and how percentage reductions might operate.

Eliot then goes on to explain how he approaches care rates when they vary in different countries with different regimes, with some first hand examples, as well as how to make best use of expert evidence.

Finally, Carin looks at currency and what to ask the court to make an award in, for both the final award and for Periodical Payment Orders.

Watch the vlog here

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Find out more

Eliot Woolf QC specialises exclusively in the fields of Clinical Negligence and Personal Injury (domestic and international). His Clinical Negligence practice is wide ranging, representing both claimants and defendants. His Personal Injury work has a focus on catastrophic brain and spinal injury claims, military claims and foreign accident / group illness claims.

Carin Hunt has a busy travel and cross-border practice and is regularly instructed in injury claims with a foreign element. She acts for both Claimants and Defendants.

To find out more, please contact our Travel Practice Management Team: Paul Barton on +44  (0)207 427 4907 or Mark Gardner on +44 (0)20 7427 4909 for a confidential discussion.

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