In September 2001 KK was enjoying a holiday with her family in Crete. She was at the time aged 2 years 11 months. Her family comprised of two parents and her older brother.
On 18 September 2001, the family had travelled by bus to a resort in order to spend the evening there having dinner. They stepped off the bus and moved to a pedestrian crossing which they then used to cross the road. As they did so, a motor vehicle being driven at high speed by SC failed to slow down as it approached the pedestrian crossing and struck the two children, one of whom, the brother, was killed instantly and the other, KK, suffered horrific multiple injuries.
The Defendant stopped and gave his details but then got back into his car and drove to the international airport where he caught the first plane out back to England.
In his absence, the Defendant was found guilty of dangerous driving and was sentenced to a period of imprisonment of no less than 3 years. However, he has never returned to Crete in order to spend his sentence there.
Terry Lee was asked to act on behalf of KK. She and her family are of Irish nationality and lived in Dublin. The car that the Defendant was driving had been hired from a car hire agency in Crete and the insurance company who insured that vehicle was based in mainland Greece. The Defendant was English and was domiciled in England.
The case raised complex issues of jurisdiction, including the key issue as to the jurisdiction in which Court proceedings should be instituted and pursued. Specialist advice was obtained on the jurisdiction issue as a result of which we were advised that the appropriate jurisdiction for the claim was the jurisdiction of England and Wales and, significantly, that the principles of assessing compensation to be used were the principles in this jurisdiction rather than the jurisdiction of Crete, or Greece, in which case the amount of compensation would have been severely limited.
After a lengthy process of obtaining expert evidence dealing with the child's injuries and her needs, as well as the costs of providing for those needs, a settlement of the claim, using the principles of compensation of England and Wales, was achieved and sufficient compensation was obtained which would enable KK to be properly cared for, for the rest of her life.