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High Court dismisses appeals from High Court, and affirms rulings in two separate cases that the Irish courts had jurisdiction to determine claims by an Irish airline against overseas travel agents that had used its web site to purchase flights, on the grounds that: (a) appellate courts should be slow to interfere with findings of fact made by trial judges where there was disputed evidence on affidavit evidence; (b) the travel agents had failed to establish that any findings of fact had not been based on the evidence; and (c) the decisions of the trial judges had been made in accordance with Irish and European law, in finding that the travel agents had submitted to Irish law in accordance with the web site's terms and conditions.
Charlton J (nem diss): Jurisdiction of Irish courts to hear and determine cases - use by travel companies of airline's website to book flights - findings of fact made by High Court derived from affidavit evidence where findings in dispute - role of appellate court - voluminous material on affidavit - burden on appellant to establish that trial judge had fallen into error - clause on airline's website that any party using web site submitted to jurisdiction of courts of Ireland - Brussels I Regulation - agency - Directive 2000/31/EC - standard of proof.
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