The effects of Brexit on international injury claims

Ever since (and before) the UK left the European Union, the pros and cons of Brexit have been the subject of fierce debate. However, as a travel litigation specialist practicing in the jurisdiction of England & Wales, I can say without doubt that one area in which Brexit has had a negative effect for citizens, is in respect of access to justice in foreign accident claims. 

What Has Changed, the effects, and what remains the same

Since leaving the European Union, the rules for making claims after accidents abroad have changed a lot. UK residents no longer have an automatic right to take legal action against EU-based defendants or insurers in English courts. Old EU rules, like the Brussels I Regulation and the EU Motor Insurance Directives, no longer apply. Now, English courts use common law rules, and claimants must meet strict “gateways” to show that England and Wales is the right place to hear their case.

How this affects claimants:

• Many claims now have to be pursued in the country where the accident happened.
• Cases can take longer and cost more, with extra challenges such as gathering evidence and instructing experts abroad.
• Claimants need specialist legal advice and careful planning to navigate cross-border claims successfully.

What hasn’t changed:

• Important protections, like workplace safety and consumer rights, still apply in UK law.
• In some cases, claimants can still make direct claims against insurers if the law of the country where the accident happened allows it.
• UK courts continue to hear serious or high-value injury cases, especially when witnesses and experts are based in the UK.
• The Hague Judgments Convention helps ensure English court decisions can be recognised and enforced in EU countries.

In short, Brexit has changed how claims are made but with expert legal support, it is still possible to pursue justice for accidents abroad.

Loss of Rights  

The rights that have been lost wouldn’t have been known to the vast majority of the general public and certainly weren’t widely discussed in the media prior to the 2016 referendum. However, as many injured holidaymakers are now discovering, the loss of these rights can have a profound effect on access to justice.

Pre-Brexit, if a resident of England or Wales was injured due to the negligence of a third party in the EU, they would, in most cases, have a clear direct right of action to sue the insurer of the third party in the English Court, without needing to pursue the individual defendant abroad. They could also, if necessary, bring proceedings against the third party themselves (the right of a court to deal with a claim is known as ‘jurisdiction’).

Foreign law would often apply to the claim, but bringing proceedings in their home courts meant the process remained familiar, accessible, and typically more cost-effective for claimants.

Since leaving the EU, we no longer benefit from this route to jurisdiction, which previously arose from EU frameworks such as the Brussels I Regulation and the EU Motor Insurance Directives. Now, an English or Welsh national injured in an EU country must satisfy strict jurisdictional “gateways” under common law to show that England and Wales is the most appropriate forum for the claim. This reflects the common law doctrine of forum non conveniens, which introduces greater uncertainty compared to the previous EU-based regime. It can be particularly challenging when the accident occurred abroad, involves defendants based overseas, and is governed by foreign law.

In many cases, claimants are required to pursue their claim in the country where the accident occurred, unless it can be established that the case properly falls within the jurisdiction of the courts of England and Wales.

It is also important to note that claimants may still be able to bring claims directly against insurers if the law of the country where the accident occurred allows it. However, even if a claim is heard in the English courts, foreign law will usually still apply when calculating compensation.

Lugano Convention 

As Claimant travel lawyers, we have been advocating for the UK to join the ‘Lugano Convention’, a legal framework that facilitates cross-border cooperation between the EU and certain non-EU European countries. If successful, it would restore jurisdictional certainty and allow claimants in England and Wales to bring claims in their home courts, similar to the pre-Brexit regime. This would particularly benefit those pursuing accident claims abroad, making it easier to bring cases at home without navigating multiple foreign legal systems.

So far, the UK has not joined Lugano, although there have been encouraging signals from the EU.

Membership of the Lugano Convention would significantly reduce complexity and improve access to justice for individuals pursuing cross-border claims.

Hague Judgments Convention

The UK’s ratification of the Hague Judgments Convention, which came into force in July 2025, provides a clearer framework for the recognition and enforcement of English court judgments in EU member states, offering greater certainty for claimants seeking to enforce successful outcomes abroad.

While it does not restore the jurisdictional position that existed pre-Brexit, it represents an important step towards improving cross-border legal cooperation.

Pros and Cons for Claimants

While the overall impact of Brexit has been challenging, there are still circumstances where claimants may benefit from bringing claims in England and Wales. Recent case law suggests that UK courts may accept jurisdiction in high-value or catastrophic injury cases, especially when the claimant, witnesses, and experts are based in the UK. Many EU-derived protections, such as workplace safety and consumer protection laws, remain part of UK domestic law, so substantive rights continue even if the process is more complex.

Advantages and Disadvantages at a Glance

Disadvantages

• Claimants no longer have an automatic right to sue EU-based defendants or insurers in English courts.
• Cases may need to be brought in the country where the accident occurred, requiring navigation of foreign legal systems.
• English courts now rely on common law principles, such as forum non conveniens, making jurisdiction less predictable.
• Longer timelines, higher costs, and the need to gather evidence, instruct experts, and deal with foreign procedures.

Advantages

• High-Value or Catastrophic Injuries: English courts may still accept jurisdiction for major claims, particularly where most witnesses, medical evidence, and experts are UK-based.
• Retained Rights: Many EU-derived protections, such as workplace safety and consumer protection laws, remain in UK domestic law.
• Direct Claims Against Insurers: In some cases, claimants can still pursue insurers directly if local law permits.
• Hague Judgments Convention: Provides greater certainty for enforcement of English court judgments across EU member states

In simple terms, what was once a relatively straightforward process has become more complex, requiring greater legal expertise and careful strategic planning.

Specialist Travel Lawyers  

Whilst there is hope that the UK may eventually return to something resembling the pre-Brexit jurisdictional rules, for now, claimants navigating international injury claims need expert guidance more than ever. Our experienced travel law specialists are here to help you manage the complexities of post-Brexit cross-border claims, from assessing jurisdiction to coordinating evidence abroad.

What to Look for in an International Injury Solicitor

• Skilled in handling cases across multiple jurisdictions and foreign defendants.
• Knows which country’s law applies and whether a claim can be heard in English courts.
• Strong links with local lawyers and medical experts to gather evidence and navigate foreign procedures.
• Experienced in life-changing cases involving long-term care, specialized equipment, and multi-currency financial losses.

Meet our travel law experts:

• Ross Smith: Head of International Injury and Travel law
• Jamil Mohammed: International Travel Claims lawyer

If you’ve been injured abroad and need help seeking justice, contact our International Injury Team on 0330 013 0247 or contact us online for a confidential consultation.