EWJ August 62 2025 web - Journal - Page 32
Cutting Through the Snowstorm:
Clyde & Co Successfully Defend £20
Million Cross-Border Claim
In a High Court claim under the Package Travel Regulations 2018, our International &
Travel team successfully defended proceedings brought amid a flurry of contested facts. Our
approach was able to carve a path through the litigation, maintaining clarity and control
throughout, achieving a decisive outcome for our client in a complex cross-border dispute.
have been brought against McLaren was estimated to
have been in the region of £20 million or greater.
ANDREW CANNESTRA v MCLAREN AUTOMOTIVE
EVENTS LIMITED [2025] EWHC 1844 (KB)
Clyde & Co's International and Travel team, led by
Craig Evans and assisted by Thomas Byrne, successfully represented McLaren Automotive Events Limited in the High Court, securing a complete dismissal
of a personal injury claim valued up to £20 million
brought by a Floridian neurosurgeon. The judgment,
handed down by Mr Justice Ritchie on 18 July 2025,
is a significant win for our client, McLaren and for establishing and applying local safety standards to claims
brought under the Package Travel and Linked Travel
Arrangements Regulations 2018. Additionally,
the judgment serves as a stark reminder of the potential pitfalls when instructing experts outside of the
jurisdiction of England and Wales.
Following a lengthy eight-day liability trial, the Court
found that Dr Cannestra's own error caused the accident – accidental throttle use during a left-hand turn
– despite having been properly briefed and instructed
in the correct and safe use of a snowmobile, and having been correctly and safely guided around the beginner-friendly circular track. The claim was
dismissed in its entirety, with Ritchie J commenting on
the implausibility of the Claimant's case and his awareness of the legal process, given he is a medico-legal
expert in the USA:
"I found his evidence illogical and contrived. For a man with
substantial experience of driving super cars, with very high intelligence and a clear understanding of the dangers of driving at speed on corners, he based his case on ignoring those
dangers and desperately wanting to keep up with a guide."
Background
The claim arose from a snowmobile accident during a
McLaren-hosted ice-driving experience in Lapland.
Dr Cannestra, a neurosurgeon from Florida and a
McLaren customer, and his partner purchased a
luxury experience to drive McLaren supercars on ice
in Arctic driving conditions. Adjacent to this event,
participants could drive snowmobiles around a
beginner-friendly circular track, although it was not a
mandatory event.
Defence
From the outset, McLaren staunchly maintained that
there was no negligence, its supplier, Luxury Action
Oy, complied with all relevant local Finnish safety standards and provided the Claimant and his partner with
a safety briefing covering all of the essential information to keep the Claimant reasonably safe. Before the
accident, Dr Cannestra signed a liability waiver form
acknowledging that snowmobiles are inherently dangerous machines; and he was provided with a detailed
briefing on how to drive and handle the vehicle.
During the course of this safari, and following the
snowmobile guides' briefing, Dr Cannestra agreed to
change the snowmobile mode from 'eco' to 'standard'
to give a more sporty ride. After navigating most of
the course safely, Dr Cannestra lost control of his
snowmobile and collided with a tree. He alleged that,
as a result of this incident, he suffered orthopaedic injuries along with a severe traumatic brain injury that
meant he was no longer able to practise as a neurosurgeon. Bringing a claim in the High Court, Dr
Cannestra alleged that McLaren's subcontractors and
suppliers of the snowmobiling experience failed to
provide adequate instruction and guidance to him
and his partner, leading to his collision with a tree. The
claim was brought under the Package Travel and
Linked Travel Arrangements Regulations 2018, with
allegations of negligence and breach of contract. The
provisionally pleaded value of the claim was just over
£14m, however, most of the Claimant's claims were
unparticularised; the true value of the claim that could
EXPERT WITNESS JOURNAL
The evidence obtained by Clyde & Co, comprising
expert reports covering snowmobile use, Finnish local
standards in the field of guided snowmobile tours and
accident reconstruction, and numerous factual witness
statements, amongst several hundred pages of
relevant disclosure, supported the view that:
- The guides gave a safety briefing that complied with
Finnish safety standards;
- That the change in snowmobile's mode from 'eco' to
'standard' had no causative bearing on the accident
occurring;
- The guide was not speeding away from the
Claimant, nor was he out of sight at the time of the
accident; and
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AUGUST/SEPT 2025
