Stylianou v Toyoshima [2013] EWHC 2188 (QB) (24 July 2013)

Stylianou v Toyoshima [2013] EWHC 2188 (QB) (24 July 2013)

Permission to serve out of jurisdiction is set aside as England is not the proper forum; Western Australian law applies to the assessment of damages, including the discount rate, and the tort is not manifestly more closely connected with England under Rome II Article 4(3).

Citation
[2013] EWHC 2188 (QB)
Parties
Claimant: Flora Stylianou; First Defendant: Masatomo Toyoshima; Second Defendant: Suncorp Metway Insurance Limited
Jurisdiction
England and Wales
Judgment Date
24 July 2013
Procedural Posture
Personal Injury Tort Claim / Interlocutory Application to Set Aside Permission for Service Out of Jurisdiction and Strike Out Claim
Outcome
Application granted; permission to serve out of jurisdiction set aside; claim struck out as abuse of process.
Legal Topics
Jurisdiction, Applicable Law, Forum Conveniens, Service Out of Jurisdiction, Rome II Regulation, Assessment of Damages
Private International Law Personal Injury Civil Procedure Jurisdiction Applicable Law Forum Conveniens Service Out of Jurisdiction Rome II Regulation +1 more

Case Brief

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Parties

Flora Stylianou

Claimant

Masatomo Toyoshima

First Defendant

Suncorp Metway Insurance Limited

Second Defendant

Procedural Posture

Personal Injury Tort Claim / Interlocutory Application to Set Aside Permission for Service Out of Jurisdiction and Strike Out Claim

Legal Issues

  1. 1 Whether permission to serve claim form out of jurisdiction should be set aside
  2. 2 Whether England is the proper forum for the claim
  3. 3 Whether the applicable law is English or Western Australian law

Ratio Decidendi

Permission to serve out of jurisdiction is set aside as England is not the proper forum; Western Australian law applies to the assessment of damages, including the discount rate, and the tort is not manifestly more closely connected with England under Rome II Article 4(3).

Court Disposition

Application granted; permission to serve out of jurisdiction set aside; claim struck out as abuse of process.

Orders

  • Permission to serve claim form and particulars out of jurisdiction on Suncorp is set aside.
  • Claim against Suncorp is struck out as abuse of process.