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High Court hands down landmark judgment in case of former professional footballer paralysed in swimming pool accident

Sarah Crowther QC, instructed by Irwin Mitchell, recently represented a former English Premier League footballer paralysed in an accident at a Spanish beach club. They have secured a landmark legal ruling, paving the way for him to progress his case to fund the specialist support he requires, through the English Courts.

Joey Hutchinson, 37, suffered serious, life-changing spinal injuries while at Ocean Beach Club, now known as O Beach, in Ibiza in June 2016.

The defendants (Ice Mountain Ibiza and its insurers MAPFRE) argued that a clause in the insurance contract meant that the case should be heard in the Spanish courts. However, European law states that such cases can be heard in the domestic court of those injured. Last month a jurisdiction hearing was held in the English High Court to decide how the case should proceed.

The Honourable Mrs Justice Andrews DBE has today handed down judgment ruling that Joey’s case can continue in the English Courts, and has dismissed the challenge to the English Court’s jurisdiction raised by the insurer. The judgement overturned a previous decision which supported the insurer’s position.

Sarah has experience in all claims for injury, illness or accident with an international element, including disputes over jurisdiction and applicable law. She has appeared in recent high-profile cases in the Court of Appeal and Supreme Court and is experienced in working with expert evidence of foreign law and handling claims to which foreign law applies. To find out more or to instruct Sarah, please contact Paul Barton or Mark Gardner on +44 (0)20 7353 6381.

News 4 Feb, 2020

Authors

Sarah Crowther KC

Call: 1999 Silk: 2018

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