Woman who travelled to Polish clinic for cosmetic surgery could not sue doctor in Irish courts

Personal injuries – medical negligence – jurisdiction – interlocutory application - application by defendants to strike out the proceedings for want of jurisdiction – cosmetic surgery performed in Poland by first defendant at second defendant’s clinic – third defendant, based in UK, liaised with plaintiff as agent of first and second defendants – Council Regulation (EC) No. 44/2001 – 1968 Brussels Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial matters (Brussels I Regulation) – breast reduction surgery on 15.7.09 – letter alleging negligence and breach of duty written to all 3 defendants dated 12.7.11 – complaint re position of nipples – personal injuries summons issued 13.7.11 – subsequent complaints of breach of contract – Brussels I, s.4 of Chapter II: jurisdiction rules re consumer contracts – choice of jurisdiction – whether plaintiff entitled to sue in Ireland because (a) she is a consumer, and (b) she had entered a contract for services with persons providing professional services who had ‘directed’ their activities to this State – meaning of ‘consumer’ – meaning of ‘directed to’ – claim in contract and tort – no evidence that the defendants directed their activities in any specific way to the Irish market – UK domain name of website - sterling currency – English telephone number – procedure and payment in Poland – highly questionable whether there is a viable claim in contract in any event – in reality it is a tort claim, a medical negligence claim – relief granted to defendants – proceedings struck out for want of jurisdiction.