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08 October 2020 / Carin Hunt
Issue: 7905 / Categories: Features , Personal injury
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Jurisdiction & the tort gateway

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Carin Hunt provides an update on the meaning of the tort jurisdiction gateway in light of one of the longest-running jurisdiction disputes in English personal injury law

In brief

  • Brownlie v Four Seasons (No 2): a binding decision on the meaning of the tort jurisdiction gateway, for now.
  • On 29 July 2020 the Court of Appeal handed down judgment in Brownlie (No 2) [2020] EWCA Civ 996, which upheld the decision of Mr Justice Nicol and agreed with the majority of the Supreme Court in Brownlie (No 1), [2017] UKSC 80.

Both the facts and the central legal issue in Brownlie (No 2) are beguilingly simple. In January 2010, Lady Brownlie, together with her husband, the highly regarded international lawyer Professor Sir Ian Brownlie QC, their daughter, and two grandsons, set out on a day trip which they had booked with the Four Seasons Hotel Cairo, where they were staying. Their tour vehicle, which was in poor condition, badly maintained, and negligently driven, went off the road

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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