Photo of Marie Louise Kinsler QC

Marie Louise Kinsler QC

Call 1992
Silk 2017

mlkinsler@2tg.co.uk

+44 (0)20 7822 1200

"rare to find someone with such good knowledge and recall"

Chambers UK 2019

"very knowledgeable but also approachable"

Chambers UK 2019

“at the forefront of complex jurisdictional issues”

Chambers UK 2018

"...right at the top of her game"

Chambers UK 2017

"Her expertise in jurisdictional issues is unmatched."

Legal 500 2017

“she has the sharpest intelligence and knowledge of EU law”

Legal 500 2016

"absolutely first-rate"

Chambers UK 2016

Practice Overview

Marie Louise Kinsler QC specialises in private international law and EU law. She is instructed on jurisdiction, choice of law and related issues in a wide variety of areas including environmental law, human rights, personal injury, product liability and commercial law. She has a particular reputation for appellate work involving novel points of law. In the last few years she has appeared in 5 cases in the Supreme Court including acting for the Claimants in Vedanta Resources plc v Lungowe [2019] UKSC 20, a landmark jurisdiction dispute in a group environmental claim concerning copper mining in Zambia; and acting for the Defendant in Brownlie v Four Seasons Holdings Inc [2017] UKSC 80, the litigation arising out of the death of Professor Sir Ian Brownlie QC. Other recent work includes acting for the Foreign and Commonwealth Office in the Kenyan Emergency group litigation, a claim by 42,000 Kenyans arising out of the Mau Mau uprising in the 1950s. She has particular expertise on Rome II as well as in cases involving the application of foreign law by English courts.

Alongside her practice, Marie Louise has recently been appointed to lecture, on a part-time basis, in Private International Law at Cambridge University. She is recognised in the legal directories for her expertise in conflict of laws and EU law.

Private International Law

Specialist expertise in private international law and conflict of laws. Regularly instructed on jurisdiction, applicable law and related issues including enforcement of judgments in a wide variety of claims including commercial law, product liability, environmental law, human rights and personal injury. Particular expertise in relation to Rome I, Rome II and the Brussels Regulation as well as the application of foreign law by English courts.

Recent work includes 4 group claims (Kenyan Emergency group litigation, Iraqi civilians v MOD, Lungowe v Vedanta Resources plc, HRH Okpabi v Royal Dutch Shell plc, Brownlie v Four Seasons in the Supreme Court, jurisdiction disputes in the Commercial Court (XL v AXA) and successfully resisting enforcement of a Maltese judgment in a product liability claim arising out of a fire (Laserpoint v Prime Minister of Malta).

Insurance and Reinsurance

Regularly advises on and deals with cross-border issues in a variety of different areas of insurance. Recent experience of jurisidiction disputes in the Commercial court in claim for equitable contribution between insurers, raising issues of the proper characterization of the claims under the Brussels Regulation and the operation of the lis pendens provisions.

Travel

Advises on jurisdiction, applicable law (including limitation) and related procedural issues. Particular expertise in relation to Rome II and the Brussels Regulation. Specialist expertise in cross-border personal injury claims including on novel points of law and technical issues such as recovery of foreign state benefits. She has acted in the leading cases on jurisdiction in claims arising out of accidents abroad outside the EU: Brownlie v Four Seasons Holdings Inc [2017] SC; Pike v The Indian Hotels Company [2014] CA; Wink v Croatia Osiguranje [2013] CA; and Cooley v Ramsey [2008] CA. She has acted in the leading cases on Rome II in the personal injury context: Marshall v MIB [2015] QB; Wall v Mutuelle de Poitiers [2014] CA; Bianco v Bennett [2015] QB; Winrow v Hemphill [2014] QB; Jacobs v MIB [2010] CA; and Bacon v Nacional Suiza [2010] CA.

Motor Insurance

Specialist knowledge and experience of the impact of the EU motor insurance directives. Regularly advises on insurers’ liability and issues arising from the relationship between EU and English law. She acts on behalf of the Motor Insurers Bureau in the litigation arising out of the 4th Motor Insurance Directives including, recently, in the Supreme Court in Moreno v MIB [2016]. She also frequently acts for English and foreign insurers on technical points involving EU law. She acted, with Howard Palmer QC, for the successful insurers in the Court of Appeal in Bristol v EUI [2012] and in Nemeti v Sabre Insurance [2013].

Personal Injury

Specialist expertise in cross-border personal injury claims. She has acted in the leading cases on jurisdiction in claims arising out of accidents abroad but outside the EU: Brownlie v Four Seasons Holdings Inc [2016] SC; Pike v The Indian Hotels Company [2014]; Wink v Croatia Osiguranje [2013] CA; and Cooley v Ramsey [2008] CA. She has acted in the leading cases on Rome II: Marshall v MIB [2015] QB; Wall v Mutuelle de Poitiers [2014] CA; Bianco v Bennett [2015] QB; Winrow v Hemphill [2014] QB; Jacobs v MIB [2010] CA; and Bacon v Nacional Suiza [2010] CA. Recent work includes acting for Claimants in group actions including Iraqi Civilians v MOD [2016] SC and Lungowe v Vedanta and Konkola Copper Mines [2016] TCC and acting for the Motor Insurers Bureau in litigation arising out of the Motor insurance directives.

Product Liability

Regularly advises on jurisdiction and choice of law issues in cross-border product liability claims including large group claims. Recent work includes Laserpoint v Prime Minister of Malta and others [2016] EWHC 1820 (QB) (successfully resisting enforcement of foreign judgment), Iveco v Magna [2015] EWHC 2887 (TCC) (jurisdiction).

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