Success in resisting jurisdiction challenges to Commercial Court actions arising out of the loss at sea of the superyacht “My Song”

Success in resisting jurisdiction challenges to Commercial Court actions arising out of the loss at sea of the superyacht “My Song”


CategoryNews Author Michael McParland QC Date

In Weco Projects APS -v- Loro Piana and Others [2020] EWHC 2150 (Comm) (5 August 2020), Michael McParland QC has been successful in resisting jurisdiction challenges made by Italian parties in two actions involving parallel litigation in England and Italy between multiple parties.

The actions arise out of the loss of “My Song”,  a prize-winning luxury superyacht that slipped from the deck of a cargo ship during the course of transportation from Antigua to Italy in May 2019. Raced by Mr Pier Luigi Loro Piana, the heir to the luxury Italian fashion house, Loro Piana S.p.A, “My Song” had been due to compete as a returning winner in the annual Loro Piana Superyacht Regatta to be held in Porto Cervo, Sardinia in June 2019: (for the background to the loss of My Song, click here).

The hearing of the jurisdiction challenges in two English actions took place before the Commercial Court over 2 days. This hearing involved, inter alia, novel and detailed consideration of the operation of the special jurisdiction protections for consumer contracts found in Section 4 of the Brussels I (Recast) Regulation (1215/2012), including the proper interpretation to be given to the concept of  “a contract of transport” within the meaning of art. 17(3) of that Regulation, as well as the possible application of the Consumer Rights Act 2015.

To read the judgment, click here.

Michael McParland QC led Mr Tim Marland of Quadrant Chambers, and is instructed by Mr Andrew Purssell of Kennedys Marine.

 


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