Christopher Johnson secures (England’s very last?) reference to the European Court of Justice

Emily Basquille and her husband live in the Republic of Ireland. Emily works at a school for children with special educational needs, her husband is a baker, together, they own a holiday home in Alicante, Spain. In April 2018, the claimant, an Englishwoman, was staying at the Basquille’s holiday home when she allegedly fell down a step, sustaining injury.  The claimant has brought a personal injury claim against Emily Basquille, and her liability insurer, in the English courts. Emily Basquille contests the jurisdiction of the English court, arguing instead that the claim should have been brought in the courts of Ireland or Spain.

The CJEU has been asked (broadly) to address the proper interpretation of Article 13(3) of the Brussels Recast Regulation (i.e. the issue that arose, but was not resolved in Keefe, Hutchinson and Cole).

Christopher is a member of the Clinical Negligence and Personal Injury Team as well as the Inquests, Actions Against the Police and Court of Protection Teams in Chambers.

Access the judgment by clicking here.