Cooley v Ramsey

Cooley v Ramsey

The English court has jurisdiction under CPR 6.20(8)(a) because the claimant sustained ongoing economic loss and damage in England as a result of a tort committed abroad. England is the proper forum for the claim because all relevant evidence, care, and parties are now based in England, and the interests of justice require the claim to be prepared and tried there.

Parties
Claimant: Shane Anthony Cooley (by his father and litigation friend Mr Peter Anthony Cooley); Defendant: Thomas Richard Ramsey
Jurisdiction
England and Wales
Judgment Date
01 February 2008
Procedural Posture
Personal Injury/tort (cross Border Jurisdiction) / Ruling on Application to Set Aside Service Out of Jurisdiction and Forum Conveniens
Outcome
Application dismissed. Permission for service out of the jurisdiction stands. England is the proper forum.
Legal Topics
Jurisdiction, Service Out of Jurisdiction, Forum Conveniens, Personal Injury, Economic Loss
Private International Law Tort Law Civil Procedure Jurisdiction Service Out of Jurisdiction Forum Conveniens Personal Injury Economic Loss

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Parties

Shane Anthony Cooley (by his father and litigation friend Mr Peter Anthony Cooley)

Claimant

Thomas Richard Ramsey

Defendant

Procedural Posture

Personal Injury/tort (cross Border Jurisdiction) / Ruling on Application to Set Aside Service Out of Jurisdiction and Forum Conveniens

Legal Issues

  1. 1 Whether the English court has jurisdiction to permit service out of the jurisdiction under CPR 6.20(8)(a) where damage is sustained in England as a result of a tort committed abroad
  2. 2 Whether England is the proper place (forum conveniens) to bring the claim

Ratio Decidendi

The English court has jurisdiction under CPR 6.20(8)(a) because the claimant sustained ongoing economic loss and damage in England as a result of a tort committed abroad. England is the proper forum for the claim because all relevant evidence, care, and parties are now based in England, and the interests of justice require the claim to be prepared and tried there.

Court Disposition

Application dismissed. Permission for service out of the jurisdiction stands. England is the proper forum.

Orders

  • The defendant's application to set aside service out of the jurisdiction is dismissed.
  • The proceedings may continue in England.