The Plaintiff instituted proceedings when her husband died while on a white river rafting trip on an excursion which was encouraged by the First Named Defendant and provided by the Second to Fourth Named Defendants. The Second to Fourth Named Defendants contested the jurisdiction of the High Court to hear the claim against them in Ireland.
It was alleged, inter alia, that the First Named Defendant was liable for the improper performance of its obligations under and by virtue of s. 20 of the Package Holidays and Travel Trade Act 1995, irrespective of whether such obligations were to be performed by the Second to Fourth Named Defendants as suppliers of the river rafting service.
The Court considered whether the Plaintiff could bring proceedings in Ireland against both the Irish and Austrian defendants, and whether there were prima facie grounds for alleging a breach of an obligation by the First Named which could have contributed to the plaintiff’s injuries.