header-logo header-logo

Home Login E-newsletter About us
05 November 2021 / Daniel Black , Katherine Deal KC
Issue: 7955 / Categories: Features , Tort , Jurisdiction
printer mail-detail

The place of damage & presumption

© Copyright LexisNexis 2026. All Rights Reserved.
63030
Daniel Black & Katherine Deal QC consider the importance & ramifications of the Supreme Court decision in FS Cairo (Nile Plaza) LLC v Brownlie
  • On service out of the jurisdiction, this decision is likely to be welcomed by claimants as reflecting a sensible distinction between the place of an accident and its enduring consequences.

Across 75 pages (to add to the 30 pages in its 2017 decision) the Supreme Court has given a major judgment on the meaning of where damage is ‘sustained’ for the purpose of service of a claim out of the jurisdiction on a foreign domiciled defendant and additionally addressed the place and operation of the presumption that foreign law is the same as English law save insofar as proven otherwise (FS Cairo (Nile Plaza) LLC v Brownlie [2021] UKSC 45).

In the words of Lord Reed: ‘This is a sad case with an unfortunate history’. In January 2010 a road traffic accident in Egypt caused serious injury to the Claimant,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

NEWS
Read All
NLJ this week: CPR tweak closes third-party disclosure gap
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
NLJ this week: Court of Appeals wrestles with Mazur fallout
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’
NLJ this week: Driving test fraudsters steer towards jail
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
NLJ this week: Deepfakes demand data law muscle
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
NLJ this week: 40% penalty for coercive control
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
Copyright © 2026 LexisNexis
back-to-top-scroll