The Law Reports (Appeal Cases)
[2022] AC 995
Supreme Court
Brownlie
v
FS Cairo (Nile Plaza) LLC
[2021] UKSC 45
2021 Jan 13 14; Oct 20
Lord Reed PSC, Lord Lloyd-Jones, Lord Briggs, Lord Leggatt, Lord Burrows JJSC
Practice— Claim form— Service out of jurisdiction— Claimant injured and her husband killed in motor accident in Egypt— Claimant bringing claim in tort for damages for personal injuries, loss of dependency and loss to husband’s estate— Whether claimant to be granted permission to serve claim form out of jurisdiction— Whether “damage” sustained within jurisdiction of English court— Whether “damage” including indirect damage—
CPR rr 6.36, 6.37, PD 6B, para 3.1(9)(a)
Evidence— Foreign law— Presumption of similarity— Egyptian law applying to claim pursuant to rules of private international law— Claimant adducing very little evidence of Egyptian law— Whether English law to be applied by default— Whether presumption that foreign law materially similar to English law