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

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09/07/2015

 

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.

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