The claimant sought damages after being severely injured in a road traffic accident in Australia caused by the defendant. The defendant denied that the court had jurisdiction to permit service out of the jurisdiction. The claimant said that the issues were not as to liability but as to quantum.
Held: The defendant’s application failed. The advantage to the claimant of having his damages calculated here were exactly counterbalanced by the advantage to the defendant of having damages calculated in New South Wales. However, the Claimant had established that England was the proper place in which to bring the claim. The interests of justice for both parties required close liaison between each of the claimant’s legal representatives, Mr Cooley, and the witnesses, both the witnesses of fact and the expert witnesses. That could only be effectively and properly done in England, where the claimant now was, and where he was expected to remain.
Judges:
Tugendhat J
Citations:
[2008] EWHC 129 (QB)
Links:
Statutes:
Civil Procedure Rules 6.20(8)(a), Civil Jurisdiction and Judgment Act 1982
Jurisdiction:
England and Wales
Citing:
Cited – Metall and Rostoff v Donaldson Inc CA 1990
The court looked at how to establish where a tort was committed in order then to test its jurisdiction: ‘As the rule now stands it is plain that jurisdiction may be assumed only where (a) the claim is founded on a tort and either (b) the damage was . .
Mentioned – Handelskwekerij GJ Bier Bv v Mines De Potasse D’Alsace Sa ECJ 30-Nov-1976
Europa Where the place of the happening of the event which may give rise to liability in tort, delict or quasi-delict and the place where that event results in damage are not identical, the expression ‘place . .
Cited – Henderson v Jaouen and Another CA 1-Feb-2002
The plaintiff had been injured in an accident and had sued and recovered damages for his injuries in France. Later, his condition deteriorated. In France he would have been able to revive his action to claim further damages, but he sought a similar . .
Cited – Booth v Phillips and Others ComC 17-Jun-2004
The claimant was widow of an engineer who died on the defendant’s vessel in Egypt. She sought damages, but first had to establish jurisdiction.
Held: Permission to serve out of the jurisdiction The ordinary and natural meaning of damage was . .
Cited – Cordoba Shipping Co Ltd v National State Bank, Elizabeth, New Jersey (The Albaforth) CA 1984
A negligent misrepresentation was made in a telex sent from the United States but received and acted upon in England. The judge had set aside leave to serve the document out of the jurisdiction.
Held: The appeal succeeded. The transmission was . .
Cited – Spiliada Maritime Corporation v Cansulex Ltd, The Spiliada HL 1986
Forum Non Conveniens Restated
The House reviewed the authorities on the principle of forum non conveniens and restated how to apply the principle where the defendant seeks a stay of proceedings on the ground that there is another more appropriate forum.
Held: ‘In the . .
Cited – Harding v Wealands HL 5-Jul-2006
Claim in UK for Accident in Australia
The claimant had been a passenger in a car driven by his now partner. They had an accident in New South Wales. The car was insured in Australia. He sought leave to sue in England and Wales because Australian law would limit the damages.
Held: . .
Cited – Booth v Phillips and Others ComC 17-Jun-2004
The claimant was widow of an engineer who died on the defendant’s vessel in Egypt. She sought damages, but first had to establish jurisdiction.
Held: Permission to serve out of the jurisdiction The ordinary and natural meaning of damage was . .
Cited – Marinari v Lloyd’s Bank ECJ 19-Sep-1995
A ‘harmful event’ occurred where the physical damage was suffered and not at the time and place of a later financial loss.
Europa The term ‘place where the harmful event occurred’ in Article 5(3) of the . .
Cited – ABCI v Banque Franco-Tunisienne and others CA 27-Feb-2003
‘The thinking behind the CPR was that they would speak for themselves and that courts would not have to refer to an ever increasing body of authority in order to apply them.’ . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Jurisdiction, Civil Procedure Rules
Updated: 06 July 2022; Ref: scu.264063
