Jurisdictional gateways: FS Cairo (Nile Plaza) LLC v Brownlie [2020] EWCA Civ 996

On 29 July 2020, the Court of Appeal handed down judgment in FS Cairo (Nile Plaza) LLC v Brownlie [2020] EWCA Civ 996, (“Brownlie”), the latest decision in a case that arises from a road traffic accident in January 2010. Legal proceedings were commenced as far back as December 2012. The accident occurred in Egypt when the claimant, her husband, his daughter and his daughter’s two children were travelling as passengers in a chauffeur-driven vehicle that left the road. Tragically, the claimant’s husband and his daughter were killed, and the claimant and children were seriously injured.

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Jurisdiction in accident abroad: further developments in Brownlie v Four Seasons

The latest decision in the very-long running Brownlie fatal accident litigation was given on 1 October 2019.

The current phase of the case turns on the question of jurisdiction when UK residents are injured outside the EU, since the relevant EU regulation – Brussels 1 (recast) – does not apply. The case is of particular interest because the relevant government guidance confirms that Brussels 1 will be repealed on EU exit day and replaced by the (English) common law and statutory provisions on jurisdiction which currently apply to cases such as Brownlie.

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