YOUNG V ANGLO AMERICAN SOUTH AFRICA LTD AND OTHERS

[2014] EWCA Civ 1130, Court of Appeal (Civil Division), Master of the Rolls, Lord Justice Aikens and Dame Janet Smith, 31 July 2014

Conflict of laws - Meaning of "central administration" of a company - Good arguable case - Brussels I Regulation, Regulation (EC) No 44/2001

The claimant had been born with an illness and the defendant was the employer and said to be vicariously liable for the actions and omission of a succession of physicians who had failed to diagnose it, so that treatment had been delayed with consequences. The defendant was a South African company. The question for decision was whether it could be said to have its central administration in England so that it was domiciled there for the purposes of the Brussels I Regulation. At first instance, the judge held that the English court had no jurisdiction. This was the appeal of the claimant.