Brownlie v Four Seasons Holdings Incorporated
2014
QUEEN’S BENCH DIVISION
United Kingdom
CORAM
- THE HONOURABLE MR JUSTICE TUGENDHAT
Areas of Law
- Conflict of Laws
- Tort Law
- Contract Law
- Civil Procedure
- Probate and Succession
2014
QUEEN’S BENCH DIVISION
United Kingdom
CORAM
AI Generated Summary
This case pertains to a fatal road traffic accident in Egypt involving the claimant and her late husband, Sir Ian Brownlie. The claimant's attempt to serve proceedings on Four Seasons Holdings Inc. in Canada was initially rejected by the lower court. The High Court allowed the appeal, holding an arguable case that a contract existed between the claimant and the defendant, which might have been made in England. The court found there is a serious issue to be tried in tort and contract, and determined that England is the appropriate jurisdiction for the trial.
Judgment
Mr Justice Tugendhat:
This is an appeal by the Claimant against the order of Master Cook dated 31 July 2013. On that date he declared that this court has no jurisdiction to try this claim. He set aside the order of Master Yoxall dated 15 April 2013 by which Master Yoxall had given permission to serve the proceedings on the defendant in Canada.
The claim is for damages for personal injuries. The Claimant claims both in her own right for injuries suffered by herself, and under the Fatal Accidents Act 1976 . She also claims under the Law Reform (Miscellaneous Provisions) Act 1934 as the executrix of the estate of her late husband (“Sir Ian”).
The claim arises out of a road traffic accident in Egypt on 3 January 2010. The vehicle in which the Claimant and Sir Ian were travelling left the road, with the result that she was injured and Sir Ian was killed. Further details of the claim will be given below in the discussion on the merits of the claim. At the time the accident occurred there were other passengers of the vehicle, apart from the driver. Sir Ian’s daughter Rebecca was also killed. She was then living in Egypt with her husband and children. The two children were also in the vehicle and survived.
At the time of the accident the Claimant, Sir Ian and their family were on a Tour (“the Tour” or “the excursion” or “the safari”) to see some of the sights of Egypt. They had departed on the Tour that morning from the hotel at which they were staying. The hotel refers to itself in its publicity material as “The Four Seasons Hotel Cairo at Nile Plaza” (“the Hotel”). The Claimant and Sir Ian had booked their accommodation at the Hotel through Cox & Kings Ltd in London, but that booking did not include the Tour. The Claimant booked the Tour by telephoning the Concierge at the Hotel shortly before she and Sir Ian left England, on 21 December 2009. She was able to do that because they had stayed at the Hotel in the previous year, and on that occasion the Claimant had picked up a booklet from the Hotel which advertised the tours that the Hotel provided. The brochure is a twelve page document containing details of twenty different tours.
The first page of the brochure is in the form of a letter addressed to “Dear Guest” and signed by the “Chief Concierge”. The letter invites guests to make a reservation by contacting the Chief Concierge or his team. The tours advertised required the provision of services, including transport, guides and refreshment. The