- Cited — FS Cairo (Nile Plaza) LLC v Brownlie 2020-07-29
“…can be assisted by matters affecting the applicable proper law under Rome II, as found by this court in Brownlie 1 [2015] EWCA Civ 665, at [83] – [84]: see per Lord Sumption in Brownlie 1 at [22] and Lady Hale at [49]. I did not take Ms Kinsler so to argue.…”
- Cited — FS Cairo (Nile Plaza) LLC v Brownlie 2020-07-29
“…d McFarlane LJJ agreed, in OPO v MLA [2014] EWCA Civ 1277, [2015] EMLR 4 at [108] and [111], and of Arden LJ, with whom Bean and King LJJ agreed, in Brownlie I [2015] EWCA Civ 665, [2016] 1 WLR 1824 at [88]-[89] (both quoted in part by Underhill LJ in paragraph 171 below).…”
- Cited — FS Cairo (Nile Plaza) LLC v Brownlie 2020-07-29
“…She made the same point, in response to the same argument, in Brownlie 1 [2015] EWCA Civ 665, [2016] 1 WLR 1814. At para. 89 of her judgment, with which Bean and King LJJ agreed, she said:…”
- Cited — Kaefer Aislamientos SA De CV v AMS Drilling Mexico SA De CV & Ors 2019-01-17
“… (i) is not balance of probabilities: See eg Cherney v Deripaska (No2) [2008] EWHC 1530 (Comm) at paragraph [44]; and Brownlie in the Court Appeal per Arden LJ [2015] EWCA Civ 665 at paragraphs [22] and [23]. The expression “balance of probabilities” is apt for use at trial when the court can weigh the evidence in its totality but is not…”
- Cited — Garcia v Marex Financial Ltd 2018-06-26
“…damage whereas these costs were consequential damage. He relied upon the decision of the Court of Appeal to that effect in Brownlie v Four Seasons Holdings Inc [2015] EWCA Civ 665; [2016] 1 WLR 1814, submitting that the ratio of that case was still binding on this Court, notwithstanding obiter dicta to the contrary in the Supreme Court (…”