As the ski season draws to an end and many Brits having jetted off to enjoy the snow, it is worth considering the potential implications of Brexit on those who may be unfortunate enough to be involved in a skiing accident.

Given that the sport is very physically demanding and fast-paced, skiing accidents can often cause serious and sometimes life-changing injuries.

As part of the EU, injured UK nationals are sometimes able to rely upon the Brussels Re-cast Regulations in order to bring their claim in the UK. The claimant is often able to bring a claim against the insurers of the foreign national in the Court of England and Wales, providing a direct right of action is recognised in that country. This may no longer be possible post-Brexit and consequently, pending new UK legislation, an injured skier’s only option may be to pursue a claim in the country in which the accident occurred.

Pursuing claims outside of the UK results in multiple consequences for injured victims. Not only is there the reduced prospect of early interim funding for rehabilitation, but also a reduction in the number of medico legal reports that can be relied upon, slower court proceedings and a reduced likelihood of costs being recoverable in the event of a successful claim.

For more information on the anticipated impact of a ’no deal Brexit’ on cross border claims, please follow this link to Mark Lee’s article in our autumn newsletter.