header-logo header-logo

05 November 2021 / Daniel Black , Katherine Deal KC
Issue: 7955 / Categories: Features , Tort , Jurisdiction
printer mail-detail

The place of damage & presumption

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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll