COOLEY V RAMSEY

[2008] EWHC 129 (QB), Queen’s Bench Division, Mr Justice Tudendhat, 1 February 2008

Jurisdiction – Motor accident occurring in Australia – Claimant bringing proceedings in England – Place where damage occurred – Whether English court had jurisdiction to give permission for service in Australia – Whether English court should exercise discretion for permission for service out – CPR, Rules 6.20 and 6.21

The claimant was severely injured in a motor accident in New South Wales, by reason of the fault of the defendant. The claimant suffered physical injury, and also substantial expenditure had to be incurred for the care of the claimant in England. A claim form was issued in England and served on the defendant in NSW. The court held that it possessed jurisdiction in that the loss was in the form of economic loss and such loss had been incurred in England, in accordance with CPR r 6.20(8)(a). The decision of Teare J in Booth v Phillips [2004] 1 WLR 3292 was correct and would be followed. The court also ruled that cases decided under Art 5(3) of the Brussels Regulation, 44/2001, concerning jurisdiction for tort claims within the EU, based on the place where the harmful act occurred, were not directly applicable the interpretation of CPR r 6.20(8)(a). As to discretion, it was appropriate for the court to exercise its discretion to give permission for service outside the jurisdiction: the evidence of witnesses of fact and of expert witnesses could only properly be prepared in England.