Photo of Marie Louise Kinsler QC

Marie Louise Kinsler QC

Call 1992
Silk 2017

mlkinsler@2tg.co.uk

+44 (0)20 7822 1200

“A pre-eminent practitioner…knows the answer to everything”

Chambers UK 2021

“A superb international lawyer”

Legal 500 2021

“A formidable standing in the market”

Chambers UK 2020

“Enormous intellectual power”

Chambers UK 2020

“At the forefront of complex jurisdictional issues”

Chambers UK 2018

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 and commercial law. She has particular expertise on Rome II as well as in cases involving the application of foreign law by English courts.

Marie Louise is frequently instructed in cases raising new issues of law. In the last few years she has appeared in 6 cases in the Supreme Court including most recently acting for the Defendants in the Brownlie litigation arising out of the death of Professor Sir Ian Brownlie QC and 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.

Alongside her practice and on a part-time basis, Marie Louise lectures at Cambridge University, lecturing on both the International Commercial Litigation LLM course as well as the Conflict of Laws undergraduate course.

Marie Louise was appointed as the National Rapporteur for the UK and Ireland for the European Commission’s review into the application of Rome II in the Member States. The review, which was conducted by the British Institute for International and Comparative Law on behalf of the Commission, looks at how Rome II has operated in practice over the past 10 years since it entered into force. It is due to be published in 2021.

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.

She has acted in a number of large group claims (Kenyan Emergency group litigation, Iraqi civilians v MOD, Lungowe v Vedanta Resources plc, HRH Okpabi v Royal Dutch Shell plc) as well as claims brought by individuals including the litigation arising from the death of Professor Sir Ian Brownlie.

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 the application of foreign law. She has acted in the leading cases on jurisdiction in claims arising out of accidents abroad outside the EU: FS Cairo (Nile Plaza) v Brownlie [2021] UKSC; 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.

Insurance and Reinsurance

Regularly advises on and deals with cross-border issues in a variety of different areas of insurance. Recent experience of jurisdiction 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.

Product Liability

Regularly advises on jurisdiction and choice of law issues in cross-border product liability claims including large group claims. Notable cases include 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).

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.

EU 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 in the Supreme Court in Moreno v MIB [2016]. She also frequently acts in cases involving technical points involving EU law. Recent work includes Colley v Shuker [2020] EWHC – permission to appeal to the Court of Appeal granted.

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