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quick query: Assaulted abroad (EU)

(6 Posts)
Paleodad Sat 23-Mar-13 20:14:36

could i get some quick advice for a friend, as i'm clueless.
In short, a close friend (UK national) has been brutally assaulted in an unprovoked attack whilst abroad in an EU country. The case is currently being dealt with by local police etc. The likelihood is that they will be charged, and hopefully convicted of GBH.
But friend is wondering if it will be possible to pursue a civil case against the attackers (they are British too) from a UK court, or would it have to be in the country concerned?
TIA!

izzyizin Sun 24-Mar-13 06:08:33

Would this be a case of UK national being in another country on holiday/gap year travel or similar being assaulted by another UK national who is in the same country for a similar purpose?

Is it the intention of the aggrieved party to bring a civil suit for reparation in respect of medical and or other costs incurred as a result of the assault against their assailant after any criminal proceedings in the country in which they sustained the assault have been concluded?

Paleodad Sun 24-Mar-13 10:03:59

exactly that izzy, thanks

babybarrister Sun 24-Mar-13 16:29:14

eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:351:0001:0032:EN:PDF
starting point at Article 3 is you must be sued where you are domiciled ie for a Brit in Britain. Alternatively you may if you wish sue where the tort happened - Article 7(2) - ie where the assault happened. You will need to check that the other jurisdiction has signed up to this convention and that it is in your friend's interests to sue here rather than abroad

babybarrister Sun 24-Mar-13 16:29:43

Sorry I mean Article 4

Paleodad Sun 24-Mar-13 21:24:13

many thanks, i'll pass this info along.

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