Jurisdiction Issues in Travel Claims Sarah Crowther Outer Temple Chambers

1. Sarah Crowther, Jurisdiction in Travel Claims

2. Jurisdiction Issues in Travel Claims • Sarah Crowther • Outer Temple Chambers • 222 Strand, London WC2R 1BA • Sarah.crowther@outertemple.com Sarah Crowther, Jurisdiction in Travel Claims

3. What this talk is about • The three different regimes for ascertaining jurisdiction of the English courts • The Brussels Recast Regulation 1215/2012 and its relevance to travel claims • Non-EEA jurisdiction in tort – a recent narrowing of the Court’s jurisdiction • How to handle intra-UK jurisdiction disputes • Direct claims against insurers, some recent decisions • Contribution claims Sarah Crowther, Jurisdiction in Travel Claims

4. Jurisdiction within EEA • Proceedings on or after 11 January 2015, Brussels Recast • Other EEA States Lugano Convention • Denmark Sarah Crowther, Jurisdiction in Travel Claims

5. Outside the EEA • The common law • Practice Direction 6BD • Gateway • Forum conveniens Sarah Crowther, Jurisdiction in Travel Claims

6. Domestic Disputes • Civil Jurisdiction and Judgments Act 1982, Schedule 4 • Forum Conveniens Sarah Crowther, Jurisdiction in Travel Claims

7. Brussels Recast – old wine in new bottles • Changes very modest in relation to personal injury claims • Narrow exception to the lis alibi pendens rule where there is a choice of forum clause • Modest reintroduction of forum non conveniens discretion where a claim has been begun in a non-EU Court • Consumer provisions made broader • Hobohm v Benedikt Kampik Case C-297/14 link between direction of services to consumer’s Member State of domicile and the claim need not be direct Sarah Crowther, Jurisdiction in Travel Claims

8. Tort claims outside the EU • Brownlie v Four Seasons • [2016] 1 WLR 1814 • Damage is place of road accident • Irrespective of indirect or consequential loss Sarah Crowther, Jurisdiction in Travel Claims

9. Intra-UK jurisdiction disputes • Cook v Virgin Media [2016] 1 WLR 1672 • Section 49 CJJA 1982 • Forum non conveniens • CPR Part 3 can be used by court of own motion Sarah Crowther, Jurisdiction in Travel Claims

10. Odenbreit Part I – joining the insured • Keefe v MAPFRE [2016] 1 WLR 902 • Article 11(3) now 13(3) • ‘no logical reason’ not to apply the insurance provisions to the policyholder Sarah Crowther, Jurisdiction in Travel Claims

11. Odenbreit Part II – claims by other insurers • SOVAG v IF Case C-521/14 • Can one insurer sue another using the special jurisdiction rules in Section II? • Can Article 6(2) - now 8(2) in 1215/2012 – be used by a claimant to join himself to a claim as well as by a defendant? Sarah Crowther, Jurisdiction in Travel Claims

12. Contribution Claims • Civil Liability (Contribution) Act 1978 • Iveco SpA v Magna Electronics Srl [2016] I L Pr 18 • Product liability • Contract ‘somewhere down the line’ not enough for Art 7(1) • Harmful event was place of damage – in this case where fires had started • No reason for contribution claims to be limited to Art 8(2)

13. Any questions?Thank you Sarah Crowther Outer Temple Chambers www.outertemple.com