Case details

Four Seasons Holdings Incorporated (Respondent) v Brownlie (Appellant)

Case ID: UKSC 2016/0045

Case summary

Issue

Whether the Court of Appeal erred in holding that the tort jurisdictional gateway test under paragraph 3.1(9)(a) Practice Direction 6B of the CPR, which requires that "damage" be sustained within the jurisdiction, is not satisfied by indirect or consequential damage.

Facts

The respondent was involved in a motor accident in Cairo in which her husband was killed and she was injured. The accident occurred during an excursion that the respondent had booked several days earlier by telephone from England with the concierge of the Four Seasons Hotel Cairo at Nile Plaza.

The respondent brought proceedings, both in her own capacity and as widow and executrix of her late husband’s estate, claiming damages in contract and tort. She obtained permission ex parte to serve out of the jurisdiction in Canada on the appellant corporation, which runs the Four Seasons hotel business. At the inter partes hearing, Master Cook set aside the grant of permission on the basis that the English court did not have jurisdiction to hear the respondent’s claims. Tugendhat J allowed the respondent’s appeal, restoring the order for service out of all of her claims. The Court of Appeal allowed the appellant’s appeal in respect of the respondent’s tort claims in her own capacity and under the Law Reform (Miscellaneous Provisions) Act 1934, but dismissed the appeal in respect of the respondent’s contract claim and a tort claim made as a dependant of her late husband under the Fatal Accidents Act 1976.

The appellant has been granted permission to appeal to the Supreme Court in relation to the respondent’s contract claim and the claim under the 1976 Act. The respondent now seeks permission to cross-appeal in relation to the other tort claims.

Judgment appealed

[2015] EWCA Civ 665

Parties

Appellant

Lady Christine Brownlie

Respondent

Four Seasons Holdings Incorporated

Appeal

Justices

Lady Hale, Lord Clarke, Lord Wilson, Lord Sumption, Lord Hughes

Further hearing start date

20 Jul 2017

Further hearing finish date

20 Jul 2017

Watch second hearing
20 Jul 2017 Morning session Afternoon session
Watch first hearing
09 May 2017 Morning session Afternoon session
10 May 2017 Morning session