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Stylianou v Toyoshima and Suncorp Metway Insurance Ltd: Case Comment - Robert Weir QC, Devereux Chambers

05/09/13. In Stylianou v Toyoshima and Suncorp Metway Insurance Ltd [2013] EWHC 2188 (QB), Sir Robert Nelson had to address, for the first time, the vexed issue of whether a foreign discount rate applied to a claim brought in England in which the foreign substantive law applied or whether, under Rome II, the issue of the appropriate discount rate was one of procedure and so a matter for the law of England & Wales. In addition, he considered the meaning and application of Articles 4 and 14 of Rome II and the test to be applied when determining whether the court has jurisdiction to hear a claim against a defendant domiciled outside the EU...

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