Lackey v Mallorca Mega Resorts SL & Anor [2019] EWHC 1028 (QB) (30 April 2019)

Lackey v Mallorca Mega Resorts SL & Anor [2019] EWHC 1028 (QB) (30 April 2019)

The English court has jurisdiction over the claim against the hotel under both Section 3 (insurance) and Section 4 (consumer contracts) of the Recast Brussels Regulation. Article 13(3) permits joinder of the insured to a direct action against the insurer, and the claimant qualifies as a consumer under the contract, either as a beneficiary or as someone on whose behalf the contract was concluded. The application for relief from sanctions is granted due to the change of solicitors and the importance of the issue.

Citation
[2019] EWHC 1028
Parties
Claimant: Bonnie Lackey; First Defendant: Mallorca Mega Resorts SL; Second Defendant: Generali Espana de Seguros y Reasecuros SA
Jurisdiction
England and Wales
Judgment Date
30 April 2019
Procedural Posture
Personal Injury Claim / Jurisdictional Challenge (interlocutory Application)
Outcome
Application dismissed; relief from sanctions granted; English court has jurisdiction.
Legal Topics
Jurisdiction Under Brussels Regulation, Direct Action Against Insurer, Joinder of Insured, Consumer Contract Jurisdiction, Relief From Sanctions
Private International Law Civil Procedure Insurance Law Consumer Law Jurisdiction Under Brussels Regulation Direct Action Against Insurer Joinder of Insured Consumer Contract Jurisdiction +1 more

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Parties

Bonnie Lackey

Claimant

Mallorca Mega Resorts SL

First Defendant

Generali Espana de Seguros y Reasecuros SA

Second Defendant

Procedural Posture

Personal Injury Claim / Jurisdictional Challenge (interlocutory Application)

Legal Issues

  1. 1 Whether the English court has jurisdiction over the claim against the hotel under Sections 3 and 4 of the Recast Brussels Regulation (EU Regulation 1215/2012)
  2. 2 Whether the claimant qualifies as a 'consumer' under Article 17 and 18 of the Regulation
  3. 3 Whether Article 13(3) allows joinder of the insured to a direct action against the insurer

Ratio Decidendi

The English court has jurisdiction over the claim against the hotel under both Section 3 (insurance) and Section 4 (consumer contracts) of the Recast Brussels Regulation. Article 13(3) permits joinder of the insured to a direct action against the insurer, and the claimant qualifies as a consumer under the contract, either as a beneficiary or as someone on whose behalf the contract was concluded. The application for relief from sanctions is granted due to the change of solicitors and the importance of the issue.

Court Disposition

Application dismissed; relief from sanctions granted; English court has jurisdiction.

Orders

  • Relief from sanctions granted to allow late application.
  • Declaration that the English court has jurisdiction over the claim pursuant to Sections 3 and 4 of the Recast Brussels Regulation.