Stait (claimant/appellant) v Cosmos Insurance Ltd of Cyprus (defendant/respondent)
Thursday 6 October 2022
By Appellants Notice filed 2 February 2022, the Claimant (C) appeals the order of DJ Griffith dated 24 June 2021 sitting in the QBD Birmingham District Registry, declaring that the court had no jurisdiction to try the claim, setting aside service of the Claim Form against the Defendant (D) and making a consequential costs order.
Andrew Baker J’s order dated 11 November 2021 granted permission to appeal and transferred the appeal to the Court of Appeal. The order includes his reasons, which summarised are; it is arguable C was domiciled in jurisdiction when Claim Form issued; position of members of HM Armed Forces posted for periods overseas and how the rules as to domicile for the purposes of the Brussels Recast Regulation operate in their case. Ruling from CA is desirable.
C is a British national and member of the RAF. He was stationed in Cyprus when he was injured on 24 October 2017 in a road traffic incident suffering a life changing injury to his left hip. He was still stationed in Cyprus when proceedings were issued on 29 October 2020. He returned to England in 2021.
D submitted that at the time proceedings were issued, C was not domiciled within the jurisdiction within the meaning of Article 62 of Regulation (EC) No 1215/2012 ( Brussels Recast).
C submits it cannot be said he abandoned his place of residence or took up residence in Cyprus or alternatively, even if it is said he resided in Cyprus for the duration of his posting, he also resided in England & Wales for jurisdictional purposes. The DJ did not accept those submissions.