When UK citizens suffer accidents abroad, the question of whether they can pursue compensation claims in this country comes down to where they are domiciled. An important Court of Appeal ruling on point concerned an RAF officer who was stationed in Cyprus when he was involved in a serious cycling accident.
The officer was performing a five-year tour of duty in the Sovereign Base Area (SBA) at Akrotiri when he was knocked off his bike by a car, suffering grave damage to his hip. He took action in England, seeking six-figure damages from the motorist's Cypriot insurers. His claim was, however, dismissed by a judge on the basis that he was domiciled in Cyprus when he lodged it and that the English courts thus had no jurisdiction to hear the matter.
Ruling on his challenge to that outcome, the Court noted that the SBA has never been part of Cyprus, nor has it ever been part of either the UK or the EU. It is a former colony, now classified as a British Overseas Territory, which retains strong connections to the UK. The accident occurred outside the confines of the SBA.
His personal injury claim was issued during the Brexit transition period and EU regulations concerning jurisdiction therefore applied to the case. Under EU law, the question of where he was domiciled primarily turned on where he was resident at the relevant time.
The Court noted that he had returned to the UK after his tour of duty and had always intended to do so. He had a house in England, although it was rented out during his absence. He learned a few words of Greek but did not build any community ties in Cyprus. A servant of the Crown whilst abroad, his salary was paid into a UK bank account and, following the accident, he was treated by the NHS.
On the other hand, he had volunteered for the overseas posting and had been living and working permanently in Cyprus for four years prior to the accident. He and his family inhabited accommodation provided by the RAF and he was physically present in the UK for only a very short time during the relevant period.
Dismissing the appeal, the Court found that the factors indicating that he was solely resident in Cyprus during the relevant period outweighed, by some margin, the factors suggesting that he had retained his UK residence. He had made a distinct break with the UK when posted to Cyprus and, on a commonsense view of the evidence, it could not be said that he had dual residence of both countries.
The officer argued that the dismissal of his claim meant that UK services personnel would be significantly disadvantaged by the loss of an important jurisdictional right to sue in the UK. The Court, however, noted that his position was similar to that of any other UK citizen who moves abroad for work reasons. There was no basis on which services personnel could be placed in a special category. The outcome of the case did not extinguish his right of action and he was entitled to pursue his claim in Cyprus, where an equivalent civil justice system applies.