The Dutch plaintiff claimed that the water supply to its nursery had been polluted by the French defendant’s discharge of waste into the Rhine in France.
Held: The meaning of the expression: ‘Place where the harmful event occurred’ must be established in such a way as to acknowledge that the plaintiff has an option to commence proceedings either at the place where the damage occurred or the place of the event giving rise to it’ because either place constituted a significant connecting factor from the point of view of jurisdiction. ‘Liability in tort, delict or quasi delict can only arise provided that a causal connection can be established between the damage and the event in which that damage originates.’
[1978] QB 708, [1976] ECR 1735
European
Cited by:
Cited – Shahar v Tsitsekkos and others ChD 17-Nov-2004
The defendant wished to make a claim against another party outside the jurisdiction and was granted permission to serve documents which were headed ‘defence and counterclaim’. The proposed defendant argued that such a document could be served in . .
Cited – Casio Computer Co Ltd v Sayo and others CA 11-Apr-2001
The court was asked whether a constructive trust claim based on dishonest assistance is a matter ‘relating to tort, delict or quasi delict’ for the purpose of Article 5(3) of the Brussels Convention?
Held: A constructive trust claim based upon . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction
Updated: 27 December 2021; Ref: scu.220245
