Booth v Captain Phillips, Hijazi & Ghosheh Co, Blue Ice Shipping Corporation and International Ship Management
Damage sustained within the jurisdiction for the purposes of establishing jurisdiction in the UK under CPR Part 6.20(8) has been held to mean some loss which has been sustained by the claimant, (in this case loss of dependency and funeral expenses) rather than the damage, (in this case the death of the claimant’s husband abroad) which was sufficient to complete the cause of action in tort. This decision will make it easier to establish UK jurisdiction for claims arising out of accidents abroad.
The claimant was the South African born, UK resident, widow of a British chief engineer who had been employed by a Jordanian company on a ship registered in the Bahamas and owned by a Liberian company. He had been killed at work on board the ship in Egypt by a winch which had been fitted by engineers in Australia.
The defendants appealed to the Court of Appeal. Just before the appeal was due to be heard in February 2005 the defendants made a substantial offer to settle the claim rather than have the decision of the Admiralty Court considered by the Court of Appeal.
Case report submitted by Grahame Aldous, counsel (solicitors for claimant Humphreys & co.)