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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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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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