section image

Brownlie v Four Seasons Holdings Inc [2015] EWCA Civ 665

News | Thu 9th Jul, 2015

 

On 3 July 2015 the Court of Appeal handed down judgment in Brownlie v Four Seasons Holdings Inc [2015] EWCA Civ 665 (now available on Lawtel): a fatal road traffic accident and personal injury claim arising out of an “off-package” excursion contract performed in Egypt. In largely dismissing the Defendant’s appeal against the Order of Tugendhat J ([2014] EWHC 273 (QB)), the Court held that the Claimant was permitted to pursue her claims in contract and for loss of dependency (pursuant to the Fatal Accidents Act 1976) in the English Courts. The Court also concluded that “damage … sustained within the jurisdiction” for the purposes of CPR Part 6, PD 6B, para 3.1(9) was, in a personal injury context, referable only to direct injury/damage sustained in the jurisdiction where the tort was committed. The first instance line of High Court authority commencing with Booth v Phillips [2004] 1 WLR 3292 (QB) and Cooley v Ramsey [2008] EWHC 129 was, therefore, doubted and, effectively, overruled. The Defendant’s application for permission to appeal to the Supreme Court has been refused by the Court of Appeal.

Articles

Briefings

Events

News

Podcasts

Webinars

Follow

Portfolio Builder

Select the practice areas that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)