English national with brain damage
We acted in a claim by an English national who required full-time supervision as a result of severe global brain damage. He sued in England and claimed damages under English common law for $14 million. However, the House of Lords had previously determined that caps on damages imposed by Australian law could be ignored. We forced the plaintiff’s lawyers to commence proceedings in New South Wales by challenging the jurisdiction of the English Courts to hear the claim. After two settlement conferences, the claim was successfully settled for an amount substantially less, including the plaintiff’s costs of interlocutory and appeal proceedings in England and proceedings in New South Wales in the order of millions.
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