Dr Nicholas Bevan's legal training and awareness blog is primarily intended for motor insurers and legal professionals handling motor accident claims. It was launched in April 2013 to increase awareness of the UK’s systemically defective national law provision in this area.
Nicholas provides legal consultancy services to his professional clients as well as free advice to motor accident victims. Contact him on: 01823 325365 or 07968 427134 or at email@example.com
Dr Nicholas Bevan
Friday, 22 November 2013
England was the correct jurisdiction for an English holidaymaker gravely injured in Western Australia
Stylianou v Toyoshima and another  EWHC 2188 (QB)
This is an interesting case that considers the sort of
exceptional circumstance that can justify an English court quantifying a claim
that under Rome II would ordinarily fall outside its jurisdiction.
The case facts featured an English national who was rendered
tetraplegic in a road accident in April 2009 whilst holidaying in Western
Australia. Proceedings being issued in
Australia but which were later stayed. Liability was admitted.
Upon the claimant’s return to the UK she issued fresh
proceedings in England. Her reasons were
(i) her condition prevented her from to travelling back to Australia and (ii) that
all the remaining issues and evidence concerning her future care and needs lay in
this jurisdiction and (iii) that the
lower English discount rate would deliver in real terms a much higher award for
her than in Australia.
The judgment is of interest as it considers three issues:
·Which jurisdiction should apply? ·Which law should apply? ·Was the second action an abuse of process, given
the advanced state of the proceedings in Australia?
Sir Robert Nelson refused the strike out application and
ruled that in the special circumstances of the case, England had jurisdiction.
This case is considered in more detail in Butterworths Personal Injury Litigation
Service Bulletin issue 112.