The plaintiff had been injured in an accident and had sued and recovered damages for his injuries in France. Later, his condition deteriorated. In France he would have been able to revive his action to claim further damages, but he sought a similar right from an English Court, claiming a right to do so under the Act because the deterioration had occurred exclusively whilst he was in England. The defendant and his insurers appealed a refusal to strike out the claimant’s claim.
Held: The claim should be struck out. The harmful even required by the Convention had occurred in France. The Bier case was not on all fours and was to be interpreted restrictively.
Judges:
Lord Justice Peter Gibson, Lord Justice Mantell and Mr Justice Wall
Citations:
Times 07-Mar-2002, Gazette 21-Mar-2002, [2002] EWCA Civ 75
Links:
Statutes:
Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 (Cmnd 7395), Civil Jurisdiction and Judgments Act 1982
Jurisdiction:
England and Wales
Citing:
Cited – Handelskwekerij G. J. Bier BV v Mines de potasse d’Alsace SA ECJ 30-Nov-1976
Europa A discharge into the French part of the Rhine of saline waste caused alleged damage to the horticultural business of the first plaintiff, and to the waters of the Rhine in general in the Netherlands.
Cited by:
Cited – Cooley v Ramsey QBD 1-Feb-2008
The claimant sought damages after being severely injured in a road traffic accident in Australia caused by the defendant. The defendant denied that the court had jurisdiction to permit service out of the jurisdiction. The claimant said that the . .
Lists of cited by and citing cases may be incomplete.
International, Personal Injury, Damages, European, Road Traffic
Updated: 10 June 2022; Ref: scu.167724