header-logo header-logo

26 January 2018 / Paul Mcclorry
Issue: 7778 / Categories: Features , Personal injury
printer mail-detail

Gateway to success?

nlj_7778_mcclorry

Paul McClorry discusses jurisdiction in claims which occur in countries outside of the EU

  • Four Seasons Holdings Incorporated v Brownlie: re-opening the jurisdictional gateway for personal injury claims?

The Supreme Court handed down its long awaited judgment in the case of Four Seasons Holdings Incorporated v Brownlie [2017] UKSC 80, [2017] All ER (D) 102 (Dec) on 19 December 2017. The case develops several important issues in English personal injury claims where the incident occurs outside of the EU.

Accident circumstances

In January 2010, Lady Brownlie and her husband, Sir Ian Brownlie QC (a renowned international lawyer), were on holiday in Egypt, staying at the Four Seasons Hotel Cairo at Nile Plaza. On a previous trip to the hotel, Lady Brownlie had picked up a hotel leaflet advertising safari tours in Egypt. Before travelling to Egypt, Lady Brownlie called the hotel and booked the excursion with the hotel concierge (an excursion contract not regulated by the Package Travel (etc) Regulations 1992 (SI 1992/3288).

On 3 January 2010, the Brownlies started the excursion

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll