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Stewarts said in an announcement on its website on 30 October 2026 that the High Court has dismissed a jurisdiction challenge in Shaw and Greenwood-Nimmo v Stephani, concluding that the claims should be heard in England and Wales because that jurisdiction has the clearest and most distinct link to the case.
The proceedings arise from a crash on the A5 in Shropshire on 26 November 2023, in which a hire car registered in the UK and driven by Matthew Greenwood-Nimmo, who holds dual UK-Australian citizenship, collided with a vehicle driven by Eric Stephani travelling the other way. Tessa Shaw, Mr Greenwood-Nimmo’s partner, was in the front passenger seat. Mr Stephani died in the collision, and the claims were brought against his mother as administratrix of his estate.
Key points
- None of the parties to the case are resident or domiciled in England and Wales: Mr Stephani’s mother lives in New York, while the claimants live in Melbourne, Australia.
- Direct Line is named as the defendant motor insurer and is an English company; liability was admitted before proceedings were issued.
- The defendant argued the case should be heard in Victoria, Australia, citing the claimants’ residence, ongoing treatment and future losses there.
- Deputy High Court Judge Andrew Kinnier KC found that England and Wales has the most real and substantial connection to the claims.
- Sarah Prager KC of Deka Chambers, instructed by Stewarts, represented the claimants in resisting the jurisdiction challenge.
Court’s reasoning
The judge acknowledged that the connecting factors pointed in different directions, since the claimants live and work in Australia and a significant portion of their losses have arisen and will continue to arise there. He nevertheless found that the accident happened in England, that the claimants’ injuries and initial losses occurred there, and that English law governs the assessment of their damages.
Stewarts’ comment
Chris Deacon, partner in the International Injury department at Stewarts, who led the case for the firm, said: “We are pleased that the court has rejected the jurisdiction challenge and confirmed that our clients’ claims should be allowed to proceed in their chosen jurisdiction.” He added: “We now intend to secure a trial on the assessment of damages in England at the earliest opportunity.”
Acting for the defendant, DWF brought in Marie-Louise Kinsler KC and Rebecca Brown, both of 2 Temple Gardens, to argue the jurisdiction challenge.