header-logo header-logo

The place of damage & presumption

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

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

Mourant—Stephen Alexander

Mourant—Stephen Alexander

Jersey litigation lead appointed to global STEP Council

mfg Solicitors—nine trainees

mfg Solicitors—nine trainees

Firm invests in future talent with new training cohort

360 Law Group—Anthony Gahan

360 Law Group—Anthony Gahan

Investment banking veteran appointed as chairman to drive global growth

NEWS
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
In this week's NLJ, Steven Ball of Red Lion Chambers unpacks how advances in forensic science finally unmasked Ryland Headley, jailed in 2025 for the 1967 rape and murder of 75-year-old Louisa Dunne. Preserved swabs and palm prints lay dormant for decades until DNA-17 profiling produced a billion-to-one match
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
back-to-top-scroll