Olafsson v Foreign & Commonwealth Office

Olafsson v Foreign & Commonwealth Office

The claimant acted reasonably in seeking to recover his loss from the FCO and should not be required to undertake uncertain litigation in Iceland, especially given the expert evidence and refusal of indemnity.

Parties
Claimant: Jón Ólafsson; Defendant: Foreign and Commonwealth Office
Jurisdiction
England and Wales
Judgment Date
22 October 2009
Procedural Posture
Negligence / Judgment on Quantification of Loss After Liability Admitted
Outcome
Judgment for the claimant; issues of legal fees referred to a costs judge.
Legal Topics
Negligence, Mitigation of Loss, Enforcement of Foreign Judgments, Service of Process
Tort Law International Law Civil Procedure Negligence Mitigation of Loss Enforcement of Foreign Judgments Service of Process

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Parties

Jón Ólafsson

Claimant

Foreign and Commonwealth Office

Defendant

Procedural Posture

Negligence / Judgment on Quantification of Loss After Liability Admitted

Legal Issues

  1. 1 Whether the claimant acted reasonably in pursuing the FCO for losses rather than seeking a second default judgment and enforcement in Iceland
  2. 2 Whether a second default judgment would be enforceable in Iceland under the Lugano Convention

Ratio Decidendi

The claimant acted reasonably in seeking to recover his loss from the FCO and should not be required to undertake uncertain litigation in Iceland, especially given the expert evidence and refusal of indemnity.

Court Disposition

Judgment for the claimant; issues of legal fees referred to a costs judge.

Orders

  • Judgment entered for the claimant with damages to be assessed.
  • Interim payment of £63,108 ordered.