OTC Travel Talks: Motor Liability Claims in France, Spain & the Netherlands Part 1

Watch Ian Denham, Ana Romero Porro, Thomas Ricard and Gerben Janson in the next episode of ‘OTC Travel Talks’, focusing on motor liability claims in France, Spain & the Netherlands.

Outer Temple’s Ian Denham was joined by three European foreign personal injury specialists to discuss limitation rules in their respective jurisdictions on the subject of road traffic accident (RTA) claims. Ana Romero Porro of Cremades & Calvo Sotelo (Spain),  Thomas Ricard of JP Karsenty & Associés (France) and Gerben Janson of Leidse Letselschade Advocaten (the Netherlands) give their advice in this short vlog.

Ian and his guests discuss extension of limitation periods and consider:

• The specific liability regimes that apply in each jurisdiction, including:
  • The burden of proof in motor liability claims.
  • Specific regimes in respect of ‘vulnerable road users’, such as pedestrians and cyclists.
  • The non-fault system under French law under Loi Badinter.
  • The different systems of liability under Spanish Civil Code, including presumptions of liability in certain cases.
  • The reverse burden of proof in respect of vulnerable road users (pedestrians and cyclists) in the Netherlands.
• Different approaches to causation.
• Contributory negligence principles (referred to as ‘force majeure’).
• The use of highway codes and driving standards.

Watch the Video

This was the seventh in a new series of talks that Outer Temple’s cross border and travel law team have created on matters of interest in cross border personal injury work. Ian and his guests will continue their discussion on this topic in Part 2, to be released soon.

These vlogs will be included in the next edition of our new travel law e-newsletter.

Subscribe to the Travel Law E-Newsletter here.

Find Out More

Ian Denham is a personal injury practitioner with a particular expertise in matters involving serious and catastrophic injuries, wrongful deaths, clinical negligence and cross-border personal injury claims. His cross-border practice covers advising on jurisdiction, applicable law, direct rights of action against insurers, claims against the MIB, accidents in the air and on sea, and claims involving a cross-border employment aspect. Ian has also advised on the potential implications arising from Brexit.

To find out more about Ian or any of our International Injury & Travel Law barristers, contact Paul Barton +44 (0) 7427 4907 for a confidential discussion.

Webinars & Recordings 28 Sep, 2020