1. Sarah Crowther, Jurisdiction in Travel Claims
23 June 2016

2. Jurisdiction Issues in Travel Claims
Sarah Crowther
Outer Temple Chambers
222 Strand, London WC2R 1BA
Sarah Crowther, Jurisdiction in Travel Claims
23 June 2016

3. Sarah Crowther, Jurisdiction in Travel Claims
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
23 June 2016

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
23 June 2016

5. Sarah Crowther, Jurisdiction in Travel Claims
Outside the EEA
The common law Practice Direction 6BD Gateway Forum conveniens
Sarah Crowther, Jurisdiction in Travel Claims
23 June 2016

6. Sarah Crowther, Jurisdiction in Travel Claims
Domestic Disputes
Civil Jurisdiction and Judgments Act 1982, Schedule 4 Forum Conveniens
Sarah Crowther, Jurisdiction in Travel Claims
23 June 2016

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
23 June 2016

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
23 June 2016

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
23 June 2016
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
23 June 2016

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
23 June 2016

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