Tipples J in Pandya v Intersalonika General Insurance Co SA

Where the applicable law under the Rome II Regulation is foreign law, a foreign-law rule that requires both filing and service of the originating process to interrupt limitation is a matter of prescription/limitation governed by the lex causae under article 15(h) of Rome II, and cannot be downgraded to a mere procedural matter governed by the lex fori; if the claim form is not served within the foreign limitation period the claim is time-barred.