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In an important case which gives hope to any British holidaymaker injured abroad, a family man who was speared through the eye by a flying parasol at a Spanish hotel is in line for millions of pounds in compensation following a Court of Appeal ruling.
The company director was sitting by the pool at a hotel in Tenerife when an unsecured parasol was blown into his face by a gust of wind. The parasol's spike penetrated his right eye socket and into his brain, causing very serious injuries. His personal injury claim was valued at in excess of £5 million.
His case became bogged down in jurisdictional issues, however, when the Spanish company which owned the hotel insisted that he was not entitled to pursue his claim in England. The company argued that he would have to seek justice in Spain – where his damages award would be limited to less than £600,000.
In dismissing the hotel owner's appeal against an earlier ruling that the claim could be brought in England, the Court found that there were powerful policy reasons why the man should be entitled to sue both the company and its Spanish insurers in an English court. Judgment in his favour has already been given against the insurers although the amount of his compensation has yet to be assessed.