McLaren Obtains Crucial Victory in £20 Million Lawsuit, Courtesy of Clyde & Co.

McLaren Obtains Crucial Victory in £20 Million Lawsuit, Courtesy of Clyde & Co.

In a landmark ruling, Clyde & Co, a leading global law firm, successfully defended McLaren Automotive Events Limited against a cross-border personal injury claim brought by Florida-based neurosurgeon Andrew Cannestra. The case, Andrew Cannestra v McLaren Automotive Events Limited [2025] EWHC 1844 (KB), took place in the High Court of England and Wales.

The case highlights Clyde & Co's strength in complex, cross-border litigation. The firm's international reach and forensic approach were key to preserving evidence, discrediting speculative claims, and securing a decisive outcome.

McLarens, a global claims management company, also made headlines as they unveiled their first Environmental, Social and Governance (ESG) Impact Report and retained their Planet Mark Business Certification for the second consecutive year. The Planet Mark Business Certification, an internationally recognised sustainability standard, is a recognition for carbon footprint measurement and reduction.

The snowmobile excursion in question took place in Lapland, Finland. The court found that McLaren’s subcontractors and guides provided adequate safety instructions before the activity, despite some specific safety details not being explicitly detailed. The claimant’s loss of control was found to be primarily due to his own actions—accidentally hitting the gas instead of the brake—reflecting a high degree of personal responsibility typical for adventure sports or adrenaline activities.

The judgment emphasized that in the context of high-adventure events like ice driving and snowmobiling, the participants expect some risk and excitement. The claimant’s desire for a “sportier ride” by switching the snowmobile mode contributed to the incident. The court acknowledged the participant’s autonomy in embracing the risks inherent in such experiences, limiting the operator’s duty of care.

The claim was brought under the Package Travel and Linked Travel Arrangements Regulations 2018, which provide protections for customers of organized package travel (including linked travel arrangements). The judgment upheld McLaren’s limitation of liability on the basis that they fulfilled their regulatory obligations in providing a safe experience and adequate guidance. This sets a precedent on how the Regulations apply to cross-border personal injury claims involving ancillary activities that are not mandatory parts of the core package, particularly in luxury or high-risk travel events.

While the claim was provisionally valued at £14 million and potentially £20 million or more, much of it was unparticularised, and the court’s decision to dismiss the claim underlined the difficulty of proving negligence and breach of contract in the context of well-managed, high-adventure, cross-border travel experiences.

The case took a tragic turn when David Oldham, a father-of-five from Portsmouth, died during an inspection. Patricia Oldham, David's widow, stated she has been "robbed" of her husband following the tragedy. McLaren Automotive Group was fined £650,000 following the fatal fall at work.

Despite the unfortunate incident, McLarens' commitment to sustainability was underscored by the achievement and retention of the Planet Mark Standard. The company is pioneering more sustainable claims settlements, aiming to reduce its carbon footprint and contribute positively to the environment.

Craig Evans, Partner at Clyde & Co, stated that when local regulations are followed and proper guidance is given, liability for user-driven accidents can be robustly defended. The ruling confirms that adherence to local safety standards can provide a complete defence, even in cases involving inherently risky activities.

1. The legal case, Andrew Cannestra v McLaren Automotive Events Limited [2025] EWHC 1844 (KB), demonstrates Clyde & Co's competence in handling complex, cross-border litigation, especially regarding compliance with regulations and securing favorable outcomes.
2. McLarens' recent Environmental, Social and Governance (ESG) Impact Report and the retention of their Planet Mark Business Certification for the second consecutive year highlight their commitment to sustainability, even amidst general news of accidents and car-accidents.
3. The case involving David Oldham's death during an inspection at McLaren Automotive Group raises concerns about work safety, while the company's continued focus on sustainability underscores their broader commitment to responsible lifestyle choices.
4. In contrast to the tragedy at McLaren Automotive Group, the court ruling in the previously mentioned case emphasized that clear compliance with local safety regulations can provide a strong defense against claims related to high-adventure events, such as travel-associated activities or adrenaline sports like snowmobiling or ice driving.

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