“We are in rather a jam as a nation” – Brexit and civil justice issues

On 31 January 2017 the EU Justice Sub-Committee heard further evidence in its enquiry into the arrangements for civil justice co-operation and the role of Court of Justice of the European Union (CJEU) after the UK leaves the EU. In the hot seat this time was Sir Oliver Heald QC MP, Minister of State for Justice. Senior judges, academics and practitioners have already appeared before the Sub-Committee during the course of this ongoing enquiry.

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A five million pound question: whether to claim in English or Spanish courts?

Godfrey Keefe was on holiday in Tenerife in October 2006. He was sitting by a hotel swimming pool when the pointed end of an unsecured parasol, lifted by a gust of wind, penetrated his right eye socket and caused him serious brain injury. Subject to liability, his claim would be worth around £5 million pounds if quantified under English law. It would, however, be worth around a tenth of that amount (between €600,000 and €800,000) if quantified under Spanish law.

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