The Situation
The Claimant was injured in a road traffic collision involving a heavy goods vehicle. The incident took place in England & Wales, but the Defendant vehicle was registered in Romania and was owned by a Romanian transportation company. It later became apparent that the Defendant vehicle was uninsured, creating immediate complications for progressing the claim.
In addition to the personal injury that they suffered, the Claimant incurred associated financial losses including treatment costs, loss of earnings, and other related expenses.
The Key Legal Challenge: Uninsured Foreign Defendant
Where a defendant is uninsured and based overseas, the claim becomes heavily dependent on getting the procedure right.
In the first instance, there was some question as to whether the Motor Insurers’ Bureau (MIB) was obligated to deal with the Claimant’s claim at all due to the foreign status of the uninsured defendant. Eventually, once a Memorandum of Understanding was reached with the Romanian equivalent to the MIB, it was established that the MIB would deal with the Claimant’s claim under the terms of the MIB Uninsured Drivers Agreement. However, as a consequence, the MIB was under no obligation to deal with the Claimant’s claim unless a judgment could first be obtained against the uninsured Romanian defendant.
To add to the inherent complexity of the matter, conduct of the case was also only transferred to me with less than six weeks remaining before the expiration of the applicable primary limitation period, leaving no margin for delay, and the Claimant’s supporting medical evidence remained incomplete.
Our Strategy
Immediate steps were taken to protect the Claimant’s position and preserve their ability to recover compensation.
1) Protective Issue:
Proceedings were issued protectively to ensure limitation did not defeat the claim.
2) Permission to Serve Outside of the Jurisdiction and Permission to extend the Applicable Period for Service was obtained:
CPR 7.5(2) requires that Claim Forms that are being served outside of the Court’s jurisdiction must be served within 6 months of the date of issue.
Both because the Claimant’s medical evidence remained incomplete, and because of the additional procedural obstacles required to serve the Claimant’s claim outside of the Court’s jurisdiction, an application was made to extend the period within which the Claimant’s protectively issued Claim Form, and subsequent pleadings, were required to be served.
CPR 6.37 requires that permission must be sought to serve a claim form outside of the Court’s jurisdiction, because the defendant was a Romanian company, proceedings had to be served outside England & Wales, requiring permission from the court, and in compliance with the service requirements of the jurisdiction in which service was being affected. Careful planning to ensure compliance was required.
3) Hague Service Convention & Romanian Translations
A number of avenues were initially explored to ensure effective service of the pleadings within the relevant jurisdiction. Ultimately adherence to the Hague Service Convention and the utilisation of the Foreign Processing Section (FPS), at the Royal Courts of Justice, was determined to be the course of action.
The relevant pleadings were translated into Romanian, and service was arranged via the FPS under the Hague Service Convention.
This ensured service was valid, enforceable, and not vulnerable to challenge.
It should be noted that the FPS will not accepted receipt of any papers for service if there is less than three months remaining until the applicable limitation/ service deadline expires.
Outcome
Once it was established that the Claimant had satisfied the procedural requirements to obtain judgment against the defendant, the MIB (included within the pleadings at their own request as a second defendant with a financial interest in the outcome) engaged in settlement discussions.
The claim settled favourably after issue and allocation, but prior to a final hearing.
Key Takeaway
Cross-border injury claims can appear straightforward at first glance, but foreign defendants, uninsured losses, and service requirements can create real risk if not handled properly. Early advice and decisive action are often the difference between recovering compensation and losing the claim entirely.
Call to Action
If you have been involved in any cross border civil dispute where the other party is overseas, uninsured, or the circumstances are unclear, early legal advice is critical — particularly where limitation is approaching.
To speak with our Civil Litigation team, contact Johnson & Boon Solicitors today for practical, strategic advice from the outset.