Description
The Claimant was a British citizen but had been rendered tetraplegic in a road traffic accident (RTA) while on holiday in Australia. The car was driven by the First Defendant and insured by the Second Defendant. The First Defendant was Japanese and the Second Defendant was registered in Australia. The Claimant initially brought proceedings against the First Defendant in Australia and these proceedings reached an advanced stage but were then stayed. On the day the limitation period expired the Claimant brought the instant claim in England where she stood to receive substantially higher damages. The Claimant obtained permission to serve the Claim Form out of the jurisdiction. The Second Defendant argued that the Claimant was merely seeking the forum which would award her the highest damages.
When considering the appropriate forum for trial, it was held that "damage ... sustained within the jurisdiction" (PD 6B 3.1(9)) could extend to a loss of earnings or care claim which was incurred in the United Kingdom, even if the tort which caused the relevant injury occurred in another jurisdiction. The appropriate forum for the claim was in England.
