Robert Weir QC and Richard Royle win jurisdiction battle in High Court for tetraplegic client

In Stylianou v Toyoshima and Suncorp Metway Insurance Ltd [2013] EWHC 2188 (QB) Sir Robert Nelson held that Ms Stylianou, who was injured in an accident in Australia and who had brought Australian proceedings for over 2 years before deciding to bring proceedings in England, was entitled to pursue her claim here.  In doing so, the judge followed the decision of the High Court in Booth v Cooley, a case in which Stephen Killalea QC had acted for the claimant.   The judge provided a detailed analysis on Rome II issues, including whether a prescribed discount rate falls within the term “assessment of damage” under Article 15(c).   It is the first case in England directly to consider this issue.

Robert Weir QC and Richard Royle were instructed by Kathryn Hudson of Bridge McFarland.

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