Law digests: 19 November 2021

Claim form

FS Cairo (Nile Plaza) LLC v Brownlie (as dependant and executrix of Sir Ian Brownlie CBE QC) [2021] UKSC 45, [2021] All ER (D) 105 (Oct)

The Supreme Court dismissed the appellant Egyptian company’s appeal against the lower court’s dismissal of its appeal, concerning whether permission should have been given to the respondent widow to serve proceedings out of the jurisdiction. The respondent’s claim in contract and in tort sought damages from the appellant, which operated a hotel in Egypt that had provided an excursion, during which the respondent had been injured and her husband had been killed in an accident while on holiday. The court held that the gateway in para 3.1(9)(a) of CPR PD 6B (the tort gateway), namely that ‘damage was sustained ... within the jurisdiction’, related to actionable harm suffered in the jurisdiction as a result of the wrongful acts alleged, and that the three heads of claim in the present case should be considered to relate to actionable harm suffered in the jurisdiction of England