Category Archives: Jurisdiction

Jurisdiction and foreign hotels post-Keefe

This blog post is by Spencer Turner of 12 King’s Bench Walk.

In Lackey v Mallorca Mega Resorts and Anor [2019] 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:

  1. A party making an application to contest the jurisdiction later than 14 days post-acknowledgment of service must apply for relief from sanctions.
  2. 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 ([2015] EWCA Civ 598) in permitting the joinder of a foreign hotel to a direct claim against its insurer without re-referring those questions.
  3. 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.

Continue reading Jurisdiction and foreign hotels post-Keefe

Brexit and the Government White Paper: Are the Civil Judicial Cooperation plans Realistic?

In this blog, which follows on from Philip Mead’s recent post explaining the legal implications the Government’s recent White Paper (Cm 9593), Patrick Vincent suggests that the Lugano Convention has been wrongly worded and wrongly translated – but that even if corrected it will not help the UK achieve post-Brexit civil judicial cooperation with the EU. Continue reading Brexit and the Government White Paper: Are the Civil Judicial Cooperation plans Realistic?

The White Paper on The Future Relationship Between the United Kingdom and the European Union: Brexit Trifle or Dog’s Dinner?

This blog by Philip Mead of 12 King’s Bench Walk describes the approach adopted by the Government to negotiations with the EU as set out in the White Paper (Cm 9593) published on 12 July 2018, with particular reference to international and travel claims involving employment and personal injury. Continue reading The White Paper on The Future Relationship Between the United Kingdom and the European Union: Brexit Trifle or Dog’s Dinner?

AAA & ORS v (1) UNILEVER PLC (2) UNILEVER TEA KENYA LTD (2018) [2018] EWCA Civ 1532: the corporate veil remains a tightly woven garment

This blog is by Lois Aldred of 12 King’s Bench Walk.

The Court of Appeal recently handed down its judgment in AAA & Others v Unilever PLC and Unilever Tea Kenya Limited. This is the latest in a series of Court of Appeal considerations of the extent of corporate liability of parent companies for acts or omissions pertaining to the operations of subsidiaries.

The Claimants were employees of Unilever Tea Kenya Limited (‘UTKL’) who lived and worked on UTKL’s tea plantation in the southern Rift Valley of Kenya.  They claimed against both Unilever and UTKL in tort for failing to protect them from the harm they suffered as a result of inter-tribal violence in the immediate aftermath of the 2007 Kenyan presidential election.  Continue reading AAA & ORS v (1) UNILEVER PLC (2) UNILEVER TEA KENYA LTD (2018) [2018] EWCA Civ 1532: the corporate veil remains a tightly woven garment

Service out of the jurisdiction and ‘damage’ – our take on Four Seasons Holdings Incorporated v Brownlie

In this blog post, Kate Boakes of 12 King’s Bench Walk provides a fresh perspective on the implications of the Supreme Court’s decision in Four Seasons Holdings Incorporated v Brownlie [2017] UKSC 80. The entire judgment, including in particular the Court’s lengthy obiter discussion of the functioning of the CPR’s jurisdictional gateways, is required reading for private international lawyers. Continue reading Service out of the jurisdiction and ‘damage’ – our take on Four Seasons Holdings Incorporated v Brownlie

Jurisdiction, Joinder and Limitation: Spring v Ministry of Defence & Anor

In this blog post, Max Archer of 12 King’s Bench Walk considers the recent decision of Spring v Ministry of Defence & Evangelisches Krankenhaus Bielefeld gGmbH [2017] EWHC 3012 (QB). Master Yoxall considered issues of jurisdiction and joinder out of time for limitation purposes under the Recast Brussels Regulation. Continue reading Jurisdiction, Joinder and Limitation: Spring v Ministry of Defence & Anor

Lungowe & Ors v Vedanta Resources Plc v Konkola Copper Mines Plc [2017] EWCA Civ 1528: Anchoring defendants, and suing the parent for the sins of their subsidiaries

This blog is by John-Paul Swoboda of 12 King’s Bench Walk.

Chandler v Cape [2012] EWCA Civ 525 was described in the Economist as “A little-noticed court case with big implications”[1]. That was because it was the first time a parent company had successfully been sued for, as the Economist put it, the sins of their subsidiary. The prediction that there would be big implications appears, with the Lungowe case, to be coming to pass. The Lungowe case concerns 1,800 claimants, all of them Zambians alleging personal injury and property damage in Zambia whilst in the employment of a Zambian company (‘KCM’) due to an alleged toxic discharge from KCM’s mine into the water table. In other words, the Lungowe case concerns the export of huge group litigation, from a country with little access to justice, to the English Courts. The export of this group litigation was made possible, in this author’s opinion, by the Court of Appeal’s decision in Chandler and the European Court of Justice’s decision in Owusu v Jackson (Case C-281/02) [2005] QB 801 which allows claimants to anchor jurisdiction in English courts where one of the proposed defendants is domiciled in England. In this case the first defendant or ‘Vedanta’ was the anchoring defendant and the parent company of KCM. Continue reading Lungowe & Ors v Vedanta Resources Plc v Konkola Copper Mines Plc [2017] EWCA Civ 1528: Anchoring defendants, and suing the parent for the sins of their subsidiaries