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Practice – Pre-trial or post-judgment relief. The claimant was injured and her husband killed while on an excursion in Egypt which they had booked through their hotel. She issued proceedings in contract and tort against the defendant Canadian company on the basis that it was owner of the hotel. The defendant unsuccessfully challenged the grant of permission to serve proceedings out of the jurisdiction. The Court of Appeal, Civil Division, allowed the defendant's appeal in part. The appeal succeeded in respect of the claim for injuries and under the Law Reform (Miscellaneous Provisions) Act 1934 as the claimant could not show that 'damage' had been sustained within England since the accident had occurred in Egypt. The damage suffered in England had been consequential loss only, which was insufficient to found jurisdiction. The appeal failed in respect of its challenge to the contractual claim and under the Fatal Accidents Act 1976.
Practice – Pre-trial or post-judgment relief. The claimant was injured and her husband killed while on an excursion in Egypt which they had booked through their hotel. She issued proceedings in contract and tort against the defendant Canadian company on the basis that it was owner of the hotel. The defendant unsuccessfully challenged the grant of permission to serve proceedings out of the jurisdiction. The Court of Appeal, Civil Division, allowed the defendant's appeal in part. The appeal succeeded in respect of the claim for injuries and under the Law Reform (Miscellaneous Provisions) Act 1934 as the claimant could not show that 'damage' had been sustained within England since the accident had occurred in Egypt. The damage suffered in England had been consequential loss only, which was insufficient to found jurisdiction. The appeal failed in respect of its challenge to the contractual claim and under the Fatal Accidents Act 1976.
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