Brownlie: Implications for Cross Border Litigation

On 20 October 2021, the UK Supreme Court handed down its much-anticipated judgment in FS Cairo (Nile Plaza) LLC v Brownlie [2021] UKSC 45.

The decision is a significant one for cross-border personal injury cases and commercial and civil disputes as a whole.

In this webinar, Bernard Doherty and Philippe Kuhn of 39 Essex Chambers will discuss the Supreme Court's decision and in particular consider its likely implications for cross border litigation, including the following areas:

• The decision and core reasoning of the Supreme Court in Brownlie.
• The "tort gateway" issue, including:
  • The increased importance of the discretionary stay on grounds of forum non conveniens (Part 11) in the light of Brownlie;
  • Implications for enforcement of English judgments in other jurisdictions;
  • Alternative gateways for service out of the jurisdiction.
• The "foreign law" issue, including:
  • The distinction between the "default rule" and the "presumption of similarity";
  • The implications for preparation of statements of case;
  • Types of legal rules likely to engage the presumption of similarity.

Date and Time

Wednesday 10th November, 5pm - 6pm

Webinar Recording

Webinar Materials

Click HERE for the presentation slides

PLEASE NOTE: This webinar was hosted by Zoom. Please visit the Zoom website for their Terms & Conditions.