This blog post is by Spencer Turner of 12 King’s Bench Walk.
In Lackey v Mallorca Mega Resorts and Anor  EWHC 1028 (QB), Master Davison held that the Claimant, who had been paralysed as a result of an accident at a holiday resort, could sue a Spanish hotel and its insurer in England.
There are three points of interest arising from this case:
- A party making an application to contest the jurisdiction later than 14 days post-acknowledgment of service must apply for relief from sanctions.
- Notwithstanding the Supreme Court’s decision to refer three questions to the CJEU in Hoteles Pinero Canarias SL v Keefe (Case C-491/17), this case suggests that the lower courts may be inclined to follow the Court of Appeal ( EWCA Civ 598) in permitting the joinder of a foreign hotel to a direct claim against its insurer without re-referring those questions.
- However, Master Davison’s willingness to follow Keefe may also be explained by the availability of an alternative route to jurisdiction on the basis that the claimant was also suing as a “consumer” for the purposes of arts. 17 and 18 of the Recast Brussels Regulation. To qualify as a consumer, it was not necessary for the Claimant to be the member of her travelling party who had actually made the booking.