Hurl v Future Travel Ltd (t/a Instant Holidays and Gold Medal Travel Group Plc) [2003] NIQB 11 (29 January 2003)

Hurl v Future Travel Ltd (t/a Instant Holidays and Gold Medal Travel Group Plc) [2003] NIQB 11 (29 January 2003)

Northern Ireland is the more appropriate forum as the majority of witnesses are based there, and under the Rome Convention, it is strongly arguable that Northern Ireland law applies. The defendants have not shown that England is a clearly more appropriate forum.

Citation
[2003] NIQB 11
Parties
Plaintiff/appellant: Colm Hurl; Defendants/respondents: Future Travel Limited t/a Instant Holidays and Gold Medal Travel Group Plc
Jurisdiction
Northern Ireland
Judgment Date
29 January 2003
Procedural Posture
Appeal / Appeal From Order Setting Aside Writ of Summons
Outcome
Appeal allowed; Master's order set aside.
Legal Topics
Jurisdiction, Forum Conveniens, Applicable Law, Package Holiday Contracts, Consumer Protection
Private International Law Contract Law Consumer Law Jurisdiction Forum Conveniens Applicable Law Package Holiday Contracts Consumer Protection

Case Brief

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Parties

Colm Hurl

Plaintiff/appellant

Future Travel Limited t/a Instant Holidays and Gold Medal Travel Group Plc

Defendants/respondents

Procedural Posture

Appeal / Appeal From Order Setting Aside Writ of Summons

Legal Issues

  1. 1 Whether Northern Ireland is the appropriate forum for the trial
  2. 2 What is the applicable law governing the contract
  3. 3 Whether the writ of summons should be set aside for lack of jurisdiction

Ratio Decidendi

Northern Ireland is the more appropriate forum as the majority of witnesses are based there, and under the Rome Convention, it is strongly arguable that Northern Ireland law applies. The defendants have not shown that England is a clearly more appropriate forum.

Court Disposition

Appeal allowed; Master's order set aside.

Orders

  • Writ of summons reinstated against the defendants
  • Case to proceed in Northern Ireland