In an important decision handed down, the Commercial Court accepted that it had jurisdiction to hear claims arising out of the loss of a superyacht which had fallen from the deck of a transporting vessel in heavy weather conditions.
The Italian owner of the yacht had brought proceedings in Italy, despite having signed a contract containing an exclusive jurisdiction clause in favour of the English courts, asserting that as a consumer he was entitled to sue in the courts of his own domicile.
The judgment looks, among other things, at the competing positions and arguments under the Brussels I (Recast) Regulation, including the test to be applied for determining when someone is a “consumer” under the Regulation and what constitutes a “contract of transport”, the parties to Continue reading “Superyacht dispute offers helpful guidance on applicable jurisdiction”