In this blog, James Beeton of 12 King’s Bench Walk considers the decision in Committeri v Club Mediterranée SA  EWCA Civ 1889, which was handed down yesterday. The case involved an appeal against the decision of Dingemans J ( EWHC 1510 (QB) – considered in an earlier blog post here).
It provides guidance on (i) the characterisation of claims as contractual or non-contractual for the purposes of Rome I and Rome II and (ii) the circumstances in which it is acceptable to challenge the agreed evidence of foreign law experts. Continue reading Committeri v Club Mediterranée SA and Anor  EWCA Civ 1889 – Package Travel, Rome I and II
In this blog, David Green of 12 King’s Bench Walk considers the recently-reported application for permission to hearing of Lawrence v NCL (Bahamas) Ltd, the Norwegian Jade  EWCA Civ 2222. The case deals with a novel point of construction of the Athens Convention 1974, concerning the liability of a sea carrier for injuries sustained when their passenger is in a tender vessel being taken from ship to shore. Continue reading The Norwegian Jade – Athens Convention, “Carriage”
In this blog, which follows on from Philip Mead’s recent post explaining the legal implications the Government’s recent White Paper (Cm 9593), Patrick Vincent suggests that the Lugano Convention has been wrongly worded and wrongly translated – but that even if corrected it will not help the UK achieve post-Brexit civil judicial cooperation with the EU. Continue reading Brexit and the Government White Paper: Are the Civil Judicial Cooperation plans Realistic?
This blog by Philip Mead of 12 King’s Bench Walk describes the approach adopted by the Government to negotiations with the EU as set out in the White Paper (Cm 9593) published on 12 July 2018, with particular reference to international and travel claims involving employment and personal injury. Continue reading The White Paper on The Future Relationship Between the United Kingdom and the European Union: Brexit Trifle or Dog’s Dinner?
This blog is by Lois Aldred of 12 King’s Bench Walk.
The Court of Appeal recently handed down its judgment in AAA & Others v Unilever PLC and Unilever Tea Kenya Limited. This is the latest in a series of Court of Appeal considerations of the extent of corporate liability of parent companies for acts or omissions pertaining to the operations of subsidiaries.
The Claimants were employees of Unilever Tea Kenya Limited (‘UTKL’) who lived and worked on UTKL’s tea plantation in the southern Rift Valley of Kenya. They claimed against both Unilever and UTKL in tort for failing to protect them from the harm they suffered as a result of inter-tribal violence in the immediate aftermath of the 2007 Kenyan presidential election. Continue reading AAA & ORS v (1) UNILEVER PLC (2) UNILEVER TEA KENYA LTD (2018)  EWCA Civ 1532: the corporate veil remains a tightly woven garment
The International & Travel team at 12 KBW recently produced a Middle-East Newsletter containing a number of articles that may also interest the readers of this blog.
The articles concern the 2017 Gulf crisis and its impact on regional aviation, the Package Travel and Linked Travel Arrangements Regulations 2018, delayed and cancelled flight claims, and DIFC employment law.
The Newsletter is available at the link below:
12 KBW Middle-East Newsletter
Mark Fanning of Miles Fanning Legal writes, in this guest blog, about his recent success in Philip Clay v TUI UK Ltd  EWCA Civ where Ronald Walker QC of 12 King’s Bench Walk and Mark Fanning represented the Respondent.
The Court of Appeal gave judgment in favour of the Respondent in an interesting case considering the liability of a tour operator under the Package Travel, Package Holidays, and Package Tours Regulations 1992 (the “Package Travel Regulations”) for injury to the Appellant after a balcony fall. Continue reading Novus Actus – Risk vs. Inconvenience – Philip Clay v TUI UK Ltd  EWCA Civ