Brownlie v FS Cairo (Nile Plaza) LLC

Subject Matter

PRACTICE — Parties — Substitution

[2019] EWHC 2533 (QB), QBD

PRACTICE — Claim form — Service out of jurisdiction — Claimant injured and her husband killed in motor accident in Egypt — Claimant bringing claims in tort for damages for personal injuries, loss of dependency and loss to husband’s estate — Claimant obtaining permission to serve claim out of jurisdiction — Whether “damage” in provisions creating jurisdictional gateways to serving claim form out of jurisdiction including consequential loss — Whether presumption applying that foreign law taken to be same as English law — Whether burden on claimant to plead content of foreign law before defendant — Whether claim rightly permitted to be served out of jurisdiction — CPR Pt 6 Practice Direction 6B, para 3.1(6)(9)

[2020] EWCA Civ 996; [2021] 2 All ER 605; [2021] 1 All ER (Comm) 1050; [2020] WLR(D) 468, CA

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)

[2021] UKSC 45; [2022] AC 995; [2021] 3 WLR 1011; [2022] 3 All ER 207; [2022] 2 All ER (Comm) 1; [2022] 2 Lloyd's Rep 127; The Times, 8 November 2021, SC(E)

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

[2021] UKSC 45; [2022] AC 995; [2021] 3 WLR 1011; [2022] 3 All ER 207; [2022] 2 All ER (Comm) 1; [2022] 2 Lloyd's Rep 127; The Times, 8 November 2021, SC(E)

Appellate History

Commentary

UK Supreme Court Blog
Case Preview: FS Cairo (Nile Plaza) LLC v Brownlie (as Dependant and Executrix of Professor Sir Ian Brownlie CBE QC) Case comment

RPC Perspectives
Opening the gateway: Supreme Court favours wide interpretation for service out of the jurisdiction and clarifies rules of pleading foreign law Case comment

UK Supreme Court Blog
Case Comment: FS Cairo (Nile Plaza) LLC v Brownlie [2021] UKSC 45 Case comment

Blackstones Civil Practice 2023
Jurisdiction under the Common Law Rules - Grounds for granting permission - Tort (PD 6B, para. 3.1(9)) 16.48