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Supreme Court refuses to restrict CPR PD 6B tort gateway and affirms lower court’s presumption of similarity (FS Cairo (Nile Plaza) LLC v Brownlie (as dependant and executrix of Professor Sir Ian Brownlie CBE QC))

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Published on: 21 October 2021

Published by a LexisNexis Dispute Resolution expert

Table of contents

What are the practical implications of this case?
What was the background?
What did the court decide?
The Tort Gateway Issue
The Foreign Law Issue
Case details

Article summary

Dispute Resolution analysis: In dismissing hotel company FS Cairo’s appeal against the lower court’s decision to grant Lady Brownlie permission to serve proceedings relating to her husband’s fatal car crash on the company out of the jurisdiction, the Supreme Court made important statements about jurisdiction and application of foreign law issues. Jonathan Kelly and Zaid Fathoala, senior associate and associate at Freshfields Bruckhaus Deringer LLP respectively, comment on the judgment.

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