Expert foreign law evidence in jurisdiction disputes: ask for permission first

In Gulf International Bank BSC v Aldwood [2019] EWHC 1666 (QB), John Kimbell QC (sitting as a High Court Judge) gave some brief practical guidance on the proper approach to expert foreign law evidence in jurisdictional disputes. This arose in the context of a multi-million pound claim based on a personal guarantee signed by the Defendant. Continue reading “Expert foreign law evidence in jurisdiction disputes: ask for permission first”

An unusual Montreal Convention case: failure to provide water to passenger

In this blog post, Christopher Fleming of 12 King’s Bench Walk considers the recent widely reported decision of Di Falco v Emirates (No 2) [2019] VSC 654 (15 October 2019) (available here) in which the Supreme Court of Victoria found that injuries caused by an airline’s failure to provide a passenger with water when requested did not constitute an “accident” under the Montreal Convention 1999.

The case is of particular interest because of certain significant differences in the Supreme Court’s approach to that of the Court of Appeal and House of Lords in Deep Vein Thrombosis and Air Travel Group Litigation [2005] UKHL 72. This blog suggests that the court reached the right result, but not quite by the right route. Continue reading “An unusual Montreal Convention case: failure to provide water to passenger”

Brownlie back in the High Court: Claimant allowed to serve on substitute defendant

Regular readers of this blog will recall our article on the Supreme Court’s judgment in Four Seasons Holdings Incorporated v Brownlie [2017] UKSC 80 (here).

In an order drawn up in July 2018, the Supreme Court directed that all consequential matters should be remitted to the High Court and that the Claimant had permission to issue certain applications. On 17 August 2018, the claimant duly issued three applications:

  • For the correction or substitution of FS Cairo (Nile Plaza) LLC (“LLC”, an Egyptian company) in place of the existing Defendant, Four Seasons Holdings Incorporated (“Holdings”, a Canadian company).
  • For permission to amend the Claim Form and Particulars of Claim.
  • For permission to serve the Claim Form and Amended Particulars of Claim out of the jurisdiction on LLC in Egypt.

All three applications were recently granted by Nicol J in Brownlie v Four Seasons Holdings Inc [2019] EWHC 2533 (QB). The lengthy decision contains some essential points for cross-border personal injuries practitioners. It deals with:

  • Limitation and the doctrine of “relation back” in claims under Rome I and Rome II.
  • The “presumption of equivalence” of foreign law with English law where no foreign law has been pleaded.
  • Application of the majority of the Supreme Court’s (obiter) approach to “damage” in the context of CPR 6BPD 3.1(9)(a) (the tort gateway).
  • Guidance on the approach to determining the forum conveniens post-Vedanta Resources plc v Lungowe [2019] UKSC 20

Nina Ross and James Beeton consider the decision in this blog. Continue reading “Brownlie back in the High Court: Claimant allowed to serve on substitute defendant”

Thomas Cook mini-series – (2) Alternative avenues for claimants

This blog by Philip Mead forms part of a series on the aftermath of the collapse of the package holiday provider Thomas Cook. A previous blog covers the rights of injured claimants to pursue a remedy where a purchase was made with a credit card. Philip assesses other possible avenues against alternative defendants. Continue reading “Thomas Cook mini-series – (2) Alternative avenues for claimants”

Keefe question to go back to CJEU

In Cole and Others v IVI Madrid SL and Zurich Insurance Plc (Unreported) QBD, 24 September 2019, the court decided to refer to the CJEU the question of whether it was a requirement of art. 13(3) that, for an injured person to make a parasitic claim against the insured, the claim against the insured had to involve “a matter relating to insurance”.

The law in this important area has been in a state of flux since the parties to the litigation in Hoteles Pinero Canarias SL v Keefe [2015] EWCA Civ 598 compromised their dispute after the Supreme Court had referred the issue to the CJEU (Case C-491/17) but before the CJEU was able to give a response. The outcome of these proceedings may therefore prove highly significant for cross-border personal injuries practitioners. Continue reading “Keefe question to go back to CJEU”