piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Jurisdiction and Applicable Law

Brownlie v Four Seasons Holdings Incorporated [2014] EWHC 273 (QB, Tugendhat J)

The Claimant brought personal injury proceedings on her own behalf and on behalf of the estate of her late husband arising out of a (fatal) road traffic accident in Egypt. At the time of the accident the Claimant, her husband and other family members were participating in an excursion, booked (off-package) through the Hotel in Cairo where they were staying. The Hotel formed part of a chain of Hotels in which the Defendant, a Canadian company, had - to put the matter neutrally - an interest (the key issue in the appeal concerned the nature of this interest and the evidence as to the same). Permission was obtained to serve the Defendant outside the jurisdiction. There was a challenge to jurisdiction which succeeded before the QB Master. An appeal was brought with the permission of the Court and was heard by Tugendhat J. The appeal succeeded. In a wide ranging judgment the Judge considered the requirements for permission to serve outside the jurisdiction (and the standard of proof to apply in considering the same), questions of agency (and the location in which the contract for the excursion was made), issues of applicable law in tort and contract and matters raised by the conduct of the Defendant and its advisers.

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