Lawyer Monthly Magazine - June 2019 Edition

as in England; in Portugal, most legal costs are not refundable by the losing party. I must say, though, that on the other hand, I have found many similarities between the two systems, both at the legal and at the case law levels. In general, can you offer three tips of advice for clients, in case they ever got into an accident abroad, in your jurisdiction? If a foreign traveller is involved in an accident in Portugal, I would recommend the following: 1 - promptly collect the greatest and best evidence possible (the testimony of witnesses as a means of evidence is particularly relevant in Portugal); 2 - in the event of a road traffic accident, call the police immediately; 3 - if another type of accident occurs, namely a fall, immediately inform the entity that may be responsible, in order to avoid any doubt about the accident’s very occurrence. insurance and legal costs insurance policies. This is very advantageous, particularly regarding that it covers legal costs. To stress, in Portugal, legal fees are not refundable; only court fees/taxes are refundable. I therefore highly recommend that foreign travellers take out those insurance policies. Can you share the main differences between English and Portuguese law, regarding personal injury and accidents? As I am not an English law expert, I cannot comment on the main differences between English and Portuguese law. However, from my experience liaising with English lawyers and injured parties, I have been able to identify certain differences: in Portugal the law is more codified (following the Napoleonic tradition), whereas in England it is more based on the courts’ precedents; in Portugal there is not as much tradition in claiming certain accidents, especially falls, as in England and in the United Kingdom in general; in Portugal compensations are not as high What has been your most challenging case? Firstly I would like to make a more personal reference. Unlike England, in Portugal, there is no separation between the “solicitor” and the “barrister” roles. One can say that I am simultaneously a solicitor and a barrister because I often practice my profession of a lawyer at court. As a “barrister lawyer” I have had many challenging cases and I cannot identify “the most challenging” one. But I can say that the cases involving foreigners, the so-called “cross- border cases”, are always the most difficult and challenging. What characteristics are important for personal injury law? As a personal injury lawyer, particularly on behalf of foreign victims, I consider the following characteristics to be important: - Good knowledge of the relevant legislation; - Good knowledge of case law; - Foreign language reading, writing and speaking skills, particularly English; - Open-mindedness to understand foreign cultures; - Fighting spirit; - Experience in dealing with such cases. LM “To stress, in Portugal, legal fees are not refundable; only court fees/taxes are refundable.” António da Costa Basto António da Costa Basto specialised in law in 1986 and is a Portuguese legal adviser mostly representing foreign citizens who have suffered accidents in Portugal, mostly British citizens. Since 1994, he has collaborated with several English law firms both on cases in the Portuguese jurisdiction and in the English jurisdiction, as a legal adviser and expert, occasionally attending English Courts for giving evidence on Portuguese law. He is a Member of AIDA – Association Internationale du Droit d’Assurances (International Association of Insurance Law), and a Member of the General Board of PEOPIL – Pan European Organisation of Personal Injury Lawyers, based in the United Kingdom, representative for Portugal. CONTACT António da Costa Basto Advogados Founding Partner Avenida 24 de Julho, nº 60 – 2º Dto. 1200-869 Lisboa, Portugal E: geral@acbasto.pt T: +351 21 5903825 71 Professional Excellence www. lawyer-monthly .com JUN 2019