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: consumers, insurance, direct claims & the Brussels I regulation (again)

This piece is an update about yesterday’s judgment on the cross-border jurisdiction points at issue in the claim we outlined previously on the blog on 21 January 2020. One key question was stayed – that being jurisdiction in non-contractual claims featuring joinder of the foreign insured to a direct claim against the foreign insurer – given that the point is already before the CJEU in a different case. Although the remaining live jurisdictional arguments went against us, there is much in the 24 page judgment that is worth closer review.

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