Home > Lady Christine Brownlie -v- Four Seasons Holdings Incorporated [2015] EWCA Civ 665


Lady Christine Brownlie -v- Four Seasons Holdings Incorporated [2015] EWCA Civ 665




On 3 July 2015 the Court of Appeal handed down judgment in Brownlie v Four Seasons Holdings Inc [2015] EWCA Civ 665 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 (surprisingly) 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 doubted and, effectively, overruled.

 

The losing Defendant was granted permission to appeal by the Supreme Court, following which the Claimant was granted permission to appeal the rejection of the Claimant’s claims which were founded on losses sustained by the estate of the Deceased.

John Ross QC and Matthew Chapman of 1 Chancery Lane (instructed by Messrs Kingsley Napley) acted for the successful Claimant. Permission to appeal to the Supreme Court has been granted and the appeal is likely to be heard towards the end of May 2017.