Sophocleous & Ors v The Secretary of State for Foreign And Commonwealth Affairs & Anor [2018] EWCA Civ 2167 (09 October 2018)

Sophocleous & Ors v The Secretary of State for Foreign And Commonwealth Affairs & Anor [2018] EWCA Civ 2167 (09 October 2018)

The torts were committed in Cyprus, so the double actionability rule applies. The flexible exception should not be invoked to disapply Cyprus law in favour of English law, as there are no clear and satisfying grounds to depart from the general rule. Both Cyprus and English law apply for limitation purposes, with the shorter limitation period prevailing under the Foreign Limitation Periods Act 1984.

Citation
[2018] EWCA Civ 2167
Parties
Claimants/respondents: Athanasiou Sophocleous & Others; Defendant/appellant: Secretary of State for Foreign and Commonwealth Affairs; Defendant/appellant: Secretary of State for Defence
Jurisdiction
England and Wales
Judgment Date
09 October 2018
Procedural Posture
Appeal (civil) / Appeal From High Court Preliminary Issue Determination
Outcome
Appeal allowed; cross-appeal dismissed.
Legal Topics
Double Actionability Rule, Foreign Limitation Periods, Flexible Exception, Vicarious Liability, Joint Liability, Negligence, Limitation Periods, Conflict of Laws
Private International Law Tort Law Double Actionability Rule Foreign Limitation Periods Flexible Exception Vicarious Liability Joint Liability Negligence +2 more

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Parties

Athanasiou Sophocleous & Others

Claimants/respondents

Secretary of State for Foreign and Commonwealth Affairs

Defendant/appellant

Secretary of State for Defence

Defendant/appellant

Procedural Posture

Appeal (civil) / Appeal From High Court Preliminary Issue Determination

Legal Issues

  1. 1 Whether the law of England or Cyprus (or both) applies to determine limitation in tort claims for acts committed in Cyprus during the Emergency (1956-1958)
  2. 2 Whether the flexible exception to the double actionability rule should apply to disapply Cyprus law in favour of English law
  3. 3 Whether limitation should be segregated as an issue for the flexible exception

Ratio Decidendi

The torts were committed in Cyprus, so the double actionability rule applies. The flexible exception should not be invoked to disapply Cyprus law in favour of English law, as there are no clear and satisfying grounds to depart from the general rule. Both Cyprus and English law apply for limitation purposes, with the shorter limitation period prevailing under the Foreign Limitation Periods Act 1984.

Court Disposition

Appeal allowed; cross-appeal dismissed.

Orders

  • The appeal is allowed.
  • The cross-appeal is dismissed.