Philip intervened in the important Owusu judgment c. Jackson (2005), in which the EC Court of Justice established that the dating principle of the “forum non conveniens” could not be applied to a defendant residing in England. More recently Philip represented a British customer, victim of an accident occurring in Spain and caused by an uninsured foreign driver, in the first lawsuit against the Motor Insurers Bureau (see the English guarantee fund): see Jacobs c. Motor Insurers Bureau (2011).
In view of the changes introduced by the introduction of Regulation 864/2007 (“Rome II”) on the law applicable to non-contractual obligations, Philip provides consulting services for the application of foreign national rights in disputes established in English courts.
Philip has extensive expertise and considerable experience in relation to the following issues:
- establishment of proceedings against defendants residing abroad
- notifications abroad
- identification of the jurisdiction of English courts
- involvement of foreign parties in the capacity of consortia in English trials
- application of foreign prescriptions
- application of the substantive foreign law on the subject of liability and guilt
- proceedings against the Motor Insurers Bureau in the event of foreign incidents
- quantification of damages according to foreign law
- direct actions against foreign insurers
- application of foreign law in cases of fatal accidents
Philip is a member for England and Wales of the Pan-European Organization of Personal Injury Lawyers (PEOPIL) and is co-editor, with Marco Bona, of the publications Personal Injury Compensation in Europe (2003) and Fatal accidents & Secondary Victims (2005 ). He was also called to intervene before the Legal Affairs Committee of the European Parliament.