Lackey v Mallorca Mega Resorts SL & Anor

Lackey v Mallorca Mega Resorts SL & Anor

The English court has jurisdiction over both the insurer and the hotel under Sections 3 and 4 of the Recast Brussels Regulation. Article 13(3) permits joinder of the insured to the action against the insurer without requiring a policy dispute, and the claimant qualifies as a consumer under Article 17 and 18 as the contract was made on behalf of the group including her. Relief from sanctions for late application is granted due to the circumstances.

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
Civil (personal Injury) / Interlocutory Application on Jurisdiction
Outcome
Application contesting jurisdiction dismissed; relief from sanctions granted.
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

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Bonnie Lackey

Claimant

Mallorca Mega Resorts SL

First Defendant

Generali Espana de Seguros y Reasecuros SA

Second Defendant

Procedural Posture

Civil (personal Injury) / Interlocutory Application on Jurisdiction

Legal Issues

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

Ratio Decidendi

The English court has jurisdiction over both the insurer and the hotel under Sections 3 and 4 of the Recast Brussels Regulation. Article 13(3) permits joinder of the insured to the action against the insurer without requiring a policy dispute, and the claimant qualifies as a consumer under Article 17 and 18 as the contract was made on behalf of the group including her. Relief from sanctions for late application is granted due to the circumstances.

Court Disposition

Application contesting jurisdiction dismissed; relief from sanctions granted.

Orders

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