Case details

Keefe (by his litigation friend Eyton) (Respondent) v Hoteles Pinero Canarias SL (Appellant)

Case ID: UKSC 2015/0159

Case summary

Issue

Whether an injured claimant ("the respondent") is entitled to rely on Article 11(3) of the Council Regulation (EC) 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters ("the Judgments Regulation") to join the foreign-domiciled alleged tortfeasor ("the appellant") in circumstances where the respondent had originally brought proceedings in the courts of his domicile by way of direct action against the appellant’s foreign domiciled liability insurer ("the appellant’s insurer").

Facts

The respondent, having been injured in Spain allegedly by the appellant, brought a direct action in his own domicile, England, against the appellant’s insurer who was domiciled and incorporated in the Kingdom of Spain. In making this direct action the respondent relied on Section 3, Articles 9(1)(b) and 11(2) of the Judgments Regulation as they were interpreted in Odenbreit v FBTO Schadeverzekeringen NV (Case C-463/06) [2008] 2 All ER (Comm) 733. Having made the claim the respondent added the appellant as a second defendant having discovered that the liability of the appellant’s insurer on the policy was limited. In this joinder the respondent relied on Article 11(3) of the Judgments Regulation. The appellant’s application challenging the jurisdiction was dismissed by Master Cook, at the High Court and in the Court of Appeal.

Judgment appealed

[2015] EWCA Civ 598

Parties

Appellant

Hoteles Pinero Canarias SL

Respondent

Godfrey Keefe (by his litigation friend Nik Eyton)

Appeal

Justices

Lord Neuberger, Lord Clarke, Lord Sumption, Lord Carnwath, Lord Toulson

Hearing start date

07 Mar 2017

Hearing finish date

07 Mar 2017

Watch hearing
07 Mar 2017 Morning session Afternoon session