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Photo of Court of Appeal rules on two important points of private international law

Court of Appeal rules on two important points of private international law

Date: July 29, 2020

The Court of Appeal handed down judgment this morning in Brownlie v FS Cairo (Nile Plaza) LLC [2020] EWCA Civ 996, ruling on two important questions which arose in the context of a jurisdiction challenge. On both questions the Court of Appeal was divided, with Arnold LJ dissenting. The Court of Appeal has granted the Appellant permission to appeal to the Supreme Court on both points.

The Court ruled by a majority that the tort jurisdictional gateway is satisfied in respect of a claim for damages for personal injury and fatal accident which arises from an accident abroad if the Claimant suffers from the subsequent effects of the accident in England. The Court of Appeal also ruled by a majority that a Claimant could rely on the presumption that foreign law is the same as English law, to discharge the burden of establishing reasonable prospects of success of the claims advanced. A copy of the judgment can be found here.

Marie Louise Kinsler QC and Alistair Mackenzie, of 2TG, instructed by Kennedys LLP, appeared for the Appellant.

Marie Louise Kinsler QC is a specialist in private international law and has appeared in many of the leading cases on jurisdiction and choice of law, including in 5 cases in the Supreme Court in recent years. Alongside her practice, Marie Louise lectures on the International Commercial Litigation and Conflict of Laws courses at the University of Cambridge. Her expertise is recognised in the legal directories: “A formidable standing in the market”; “Enormous intellectual power;” “Client-friendly and commercial”: Chambers & Partners 2020

Alistair Mackenzie is a highly sought after junior, specialising in private international law, product liability and insurance. He has significant experience of appellate cases and is ranked as a leading junior by Chambers & Partners.

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