header-logo header-logo

Gateway to success?

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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
Could the Supreme Court’s ruling in R v Hayes; R v Palombo unintentionally unsettle future complex fraud trials? Maia Cohen-Lask of Corker Binning explores the question in NLJ this week
back-to-top-scroll