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Establishing jurisdiction for Claimants injured abroad

Cross border PI specialists are relatively well accustomed to bringing claims in the Courts of England and Wales against foreign insurers, on behalf of injured Claimants.  For EU member states, the “Brussels I (Recast)” Regulation[1] governs jurisdiction in relation to civil and commercial matters and English Claimant lawyers have long relied upon the provisions[2] which allow Claimants to sue Defendant insurers directly in their home Courts.

Hutchinson v Mapfre España Compañia de Seguros Y Reaseguros SA and another [2020] EWHC 178 (QB), concerns the Defendants’ respective attempts in such a case to dispute the English Court’s jurisdiction to hear the claims made against them. The Defendants raised a number of objections including, significantly, whether a clause within the insurance contract purporting to limit indemnity for claims made by injured parties to those brought within the Spanish jurisdiction, could be enforced against the injured Claimant.

[1] Regulation (EU) No 1215/2012

[2] See Articles 11 and 13 Brussels I (Recast)

Documenttype Bulletin
Author : Sarah Crowther QC of Outer Temple Chambers London, Cheryl Palmer-Hughes of Irwin Mitchell LLP, Manchester and Carlos Villacorta of BCV Lex, Madrid
Year of publication 2020
EEG Maritime Law
Language English