Sophocleous & Ors v The Secretary of State for Foreign And Commonwealth Affairs & Anor

Sophocleous & Ors v The Secretary of State for Foreign And Commonwealth Affairs & Anor

The Court held that the torts were committed in Cyprus, so the double actionability rule applies. The flexible exception did not provide clear and satisfying grounds to displace Cyprus law in its entirety or for limitation. Both English and Cyprus law apply to limitation, with the shorter period prevailing under the Foreign Limitation Periods Act 1984.

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
Civil Appeal / Appeal From High Court Preliminary Issue Determination
Outcome
Appeal allowed; cross-appeal dismissed; High Court order varied.
Legal Topics
Double Actionability Rule, Flexible Exception, Foreign Limitation Periods, Vicarious Liability, Joint Liability, Negligence, Limitation of Actions
Private International Law Tort Law Conflict of Laws Double Actionability Rule Flexible Exception Foreign Limitation Periods Vicarious Liability Joint Liability +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

Civil Appeal / Appeal From High Court Preliminary Issue Determination

Legal Issues

  1. 1 Whether English law alone or both English and Cyprus law govern limitation for torts allegedly committed in Cyprus during the Emergency (1956-1958)
  2. 2 Whether the flexible exception to the double actionability rule applies to displace Cyprus law in favour of English law
  3. 3 Whether limitation should be segregated as a separate issue for the flexible exception

Ratio Decidendi

The Court held that the torts were committed in Cyprus, so the double actionability rule applies. The flexible exception did not provide clear and satisfying grounds to displace Cyprus law in its entirety or for limitation. Both English and Cyprus law apply to limitation, with the shorter period prevailing under the Foreign Limitation Periods Act 1984.

Court Disposition

Appeal allowed; cross-appeal dismissed; High Court order varied.

Orders

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