Vijay Ganapathy considers key issues dealt with by the courts in headline personal injury cases this year
- Determining whether the English courts had jurisdiction to hear a case involving an accident in Cyprus, based on the claimant’s residence.
- Enforcing a costs order in a ‘mixed’ claim.
- Increasing the options for bringing employers’ liability claims against dissolved defendants.
As we near the end of the year and head into 2023, one area that fills many practitioners with dread is the likely withdrawal in December next year of all EU regulations and directives implemented here as domestic law. While some may be assimilated back into UK legislation, the changes will be drastic.
Determining residence
It will be interesting to see, therefore, what impact—if any—past decisions have on future rulings. Recently, in Stait v Cosmos Insurance Ltd Cyprus [2022] EWCA Civ 1429, the Court of Appeal determined whether the English courts had jurisdiction to hear a case involving an accident in Cyprus in 2017. At the time, the claimant, Mr Stait, a Royal Air Force (RAF) officer,
