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Owusu v. Jackson

[2005] E.C.R. I-1383, Case C-281/02 (2005)

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Owusu v. Jackson

European Union Court of Justice
[2005] E.C.R. I-1383, Case C-281/02 (2005)

Facts

Andrew Owusu (plaintiff), a British national domiciled in the United Kingdom (UK), rented a Jamaican villa from N.B. Jackson (defendant), who was also domiciled in the UK. The contract provided that Owusu would have private beach access. Mammee Bay Club Ltd. (Mammee), Enchanted Garden Resorts & Spa Ltd. (Enchanted), and Town & Country Resorts Ltd. (Town & Country) (defendants), were Jamaican companies that owned or operated the beach and surrounding properties. Owusu was severely injured after diving into the ocean and striking an underwater object. Owusu filed suit against Jackson, Mammee, Enchanted, and Town & Country in the UK, claiming that Jackson had breached the contract and that Mammee, Enchanted, and Town & Country had committed torts. The UK was a member of the Brussels Convention of 1968, but Jamaica was not. Jackson, Mammee, Enchanted, and Town & Country motioned the UK court to decline jurisdiction on the grounds that Jamaica was the more convenient forum. The UK court denied the motion and exercised jurisdiction conferred by the Brussels Convention of 1968. Jackson, Mammee, Enchanted, and Town & Country appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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