In June 2025, the High Court of England and Wales accepted jurisdiction in a case issued by a UK resident who sustained life-changing injuries in a motorcycle collision in the Isle of Man. Rebecca Huxford, a senior associate in our International Injury team, acted for our client, Garry.

Garry, from Wales, sustained a life-changing severe brain injury in a motorcycle collision on the Isle of Man in August 2023. Garry and three friends were on their way to watch the Classic TT when the defendant driver (an Isle of Man resident) pulled out of a church car park and into the path of Garry’s motorbike. Garry was thrown from his bike, over the bonnet of the defendant’s car and some distance down the road. The defendant was charged with causing serious bodily harm by driving without due care or consideration. He pleaded guilty and was banned from driving for 12 months.

Stewarts made contact with the defendant’s insurer to request early rehabilitation funding. The insurer did not admit liability and said the case was subject to the provisions of Manx law, not English law, so Garry would not be able to recover his English legal costs.

Garry issued proceedings in the English High Court on 8 August 2024 in order to secure the jurisdiction of the courts of England and Wales. He obtained the court’s permission to serve the defendant in the Isle of Man. The defendant’s insurer responded by making an application challenging the court’s jurisdiction, arguing that there were substantial differences between English and Manx law. They also raised arguments about how English funding arrangements might impact Garry’s compensation.

Garry had to show that the courts of England and Wales are clearly and distinctly the more appropriate forum in which to hear his claim. The question of the appropriate forum, therefore, came down to considerations of practical justice: in which forum could justice more readily be done?

By the time of the hearing, the defendant had made an admission of primary liability but alleged that Garry’s riding had also contributed to the accident. At the hearing, the judge conducted a balancing exercise and held that England and Wales was the “correct and proper place to determine the matter”. His reasoning was that:

• English law and Manx law are materially the same.
• Primary liability was admitted, and the court was able to resolve the issue of contributory negligence, if required.
• It would be more convenient for the witnesses. Evidence in person was preferable to giving evidence via video link to the Isle of Man court (as suggested by the defendant).
• It was Garry’s choice who he instructs to represent him and, therefore, what funding arrangements he enters into.

The defendant requested permission to appeal, but this was refused.

Rebecca Huxford says:

“Garry was delighted with the jurisdiction decision, especially as it enables us to focus on progressing his case to settlement. The decision demonstrates the importance of instructing specialist cross-border lawyers like Stewarts to ensure claimants who are injured in another jurisdiction are properly advised when considering where they will achieve the most just outcome in each individual case”.