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14 August 2013
Issue: 7573 / Categories: Case law , Law digest , In Court
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Conflict of laws

Stylianou v Toyoshima and another [2013] EWHC 2188 (QB), [2013] All ER (D) 36 (Aug)

Generally, while it was clear that Art 4(3) of Rome II was only intended to be an escape clause and it was only to be applied exceptionally so as to preserve the intended application of the general rule to most cases, Art 4(3) of Rome II was not to be construed in the same manner as Art 4(1) of Rome II and should not, therefore, apply to direct damage. The use of the words “in all the circumstances” in Art 4(3) of Rome II required the court to consider all relevant material, so as to be able to assess whether the particular circumstances of the individual case were so exceptional that the general rule should not apply. Such a consideration was intended to include factors relating to the parties and would also include the consequences of the event or tort/delict. Such consequences would cover the injuries and damage arising from the tort, whether direct or indirect. If such a broad interpretation

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MOVERS & SHAKERS

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

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Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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