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09 November 2022
Issue: 8002 / Categories: Legal News , Personal injury , Military , Travel litigation
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Court of Appeal rules on accidents while serving abroad

A Royal Air Force officer who was involved in a cycling accident while stationed in Cyprus cannot sue for injuries in England, the Court of Appeal has held.

In Stait v Cosmos Insurance Ltd Cyprus [2022] EWCA Civ 1429, Lady Justice Whipple considered whether Robin Stait was domiciled in England at the material time.

Stait was on a five-year contract in Cyprus and intended to return to the UK afterward. He paid UK tax on his income, lived with his family on the Sovereign Base Area (SBA), which has the status of a British Overseas Territory, and was treated at the RAF Akrotiri Medical Centre which operates as part of the UK NHS.

Dismissing the appeal, however, Whipple LJ held there was ‘no special rule’ for the armed services and Stait was domiciled in the SBA at the relevant time.

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Jurit LLP—Caroline Williams

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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