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Supreme Court dismiss appeal in FS Cairo (Nile Plaza) LLC v Lady Christine Brownlie

The Supreme Court has this morning dismissed the appeal of the Four Seasons hotel group, meaning that Lady Brownlie’s claims for personal injury and wrongful death arising out of the accident which killed her husband, Sir Ian Brownlie, in Egypt over 10 years ago, can proceed before the courts of England and Wales.

The Court held by a majority (Lords Reed, Lloyd-Jones, Briggs and Burrows JJSC), that the jurisdictional gateway in tort claims pursuant to the civil procedure rules applies where a significant part of the damage is or will be sustained in England and Wales, notwithstanding initial or other damage also sustained outside the jurisdiction. It also held unanimously (Lord Leggatt JSC giving the main judgment on this issue) that in claims where a party relies on a law other than that of England and Wales, it is open to the court in an appropriate case to proceed on the basis that there is no material difference between that law and the law of England and Wales.

Sarah Crowther QC, Daniel Clarke and Joshua Cainer, of Outer Temple Chambers were instructed by Kingsley Napley LLP to act on behalf of Lady Brownlie.

Find out more

Sarah Crowther QC has experience in all claims for injury, illness or accident with an international element, including disputes over jurisdiction and applicable law. She has appeared in recent high-profile cases in the Court of Appeal and Supreme Court and is experienced in working with expert evidence of foreign law and handling claims to which foreign law applies.

Daniel Clarke‘s practise focuses on personal injury. He has a particular specialism in cases with an international element, including claims raising conflicts of law and jurisdictional issues. He also has experience of acting in claims in other jurisdictions including in the Privy Council and in Jersey.

Joshua Cainer joined Chambers in 2020 following the successful completion of his pupillage. Joshua is building a busy practice across all of Chambers’ areas of practice and is also a member of the Attorney General’s Junior Junior Scheme.

For more information on Sarah, Daniel or Joshua please contact their practice management team: Paul Barton or Mark Gardner on +44 (0)20 7353 6381 who would be happy to have a discussion in the strictest of confidence.

News 20 Oct, 2021

Authors

Sarah Crowther QC

Call: 1999 Silk: 2018

Daniel Clarke

Call: 2005

Joshua Cainer

Call: 2019

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