Chowdhury v PZU SA [2021] EWHC 3037 (QB) (12 November 2021)

Chowdhury v PZU SA [2021] EWHC 3037 (QB) (12 November 2021)

The claimant was resident in England at the time of issuing proceedings, as evidenced by his long-term connections, pattern of life, and intention to return, and his temporary stay in Germany for medical treatment did not sever his English residence. The master correctly applied the law and made findings supported...

Source-derived case information.

Citation
[2021] EWHC 3037 (QB)
Parties
Claimant/respondent: Nafis Chowdhury; Defendant/appellant: PZU SA
Jurisdiction
England and Wales
Judgment Date
12 November 2021
Procedural Posture
Appeal / Judgment on Appeal Against Jurisdiction Decision
Outcome
Appeal dismissed
Legal Topics
Jurisdiction, Domicile, Personal Injury, EU Law, Civil Jurisdiction and Judgments
Private International Law Civil Procedure Jurisdiction Domicile Personal Injury EU Law Civil Jurisdiction and Judgments

Source-derived case record

Summary, issues, holding and outcome

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Parties

Nafis Chowdhury

Claimant/respondent

PZU SA

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal Against Jurisdiction Decision

Legal Issues

  1. 1 Whether the English courts have jurisdiction to try a personal injury claim against a foreign insurer under EU Regulation based on the claimant's domicile in England
  2. 2 Whether the claimant was 'resident in' England at the time of issuing proceedings for the purposes of the Civil Jurisdiction and Judgments Order 2001

Ratio Decidendi

The claimant was resident in England at the time of issuing proceedings, as evidenced by his long-term connections, pattern of life, and intention to return, and his temporary stay in Germany for medical treatment did not sever his English residence. The master correctly applied the law and made findings supported by the evidence. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay Respondent’s costs of the appeal, to be assessed if not agreed