i-law

Lloyd's Maritime and Commercial Law Quarterly

HOLIDAY TORTS AND DAMAGE WITHIN THE JURISDICTION

Adrian Briggs*

Four Seasons v Brownlie
Suppose I am on holiday in the United States when I am knocked down by a car driven by a local resident and injured so badly that I have to spend a month in hospital before I return to England; and that I am unable to resume my duties in Oxford for six months. If asked what loss or damage I had sustained, I might particularise it as pain, suffering and loss of amenity; as the expenses of medical treatment; and as the loss of wage, salary or fee income. If asked where I had sustained these three losses, I would probably say the first in the US and the third in Oxford. As to the second, my immediate answer might be the US, though on reflecting that payment is made by instructing my bank in Oxford to debit my account and then cause a bank account in the US to be credited, the answer might appear less clear than it did at first sight.
Why might this unhappy geography matter? One answer might be because I wish to sue the driver in England. To be given permission to serve him out of the jurisdiction in respect of a claim in tort, I need to satisfy the court, among other things, that “damage was sustained within the jurisdiction”.1 Another answer might be that, if tried in England, my claim will be governed by “the law of the country in which the damage occurs irrespective of the country in which the event giving rise to the damage occurred and irrespective of the country or countries in which the indirect consequences of that event occur”.2 This short note will focus on the jurisdictional question, which involves a question of English, not European, law. In doing so it can do no more than give an impressionistic view of the tip of the iceberg.
Until 1987, a claimant who wished to serve out a writ alleging the commission of a tort was called upon to satisfy the court that the tort3 set out in the writ had been committed


Case and comment

197

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.