Wood & Anor v TUI Travel Plc T/A First Choice – Package Travel, Food Poisoning, SGSA 1982

On 22 November 2016, Elizabeth Boulden, a pupil at 12 King’s Bench Walk, attended the hearing at the Court of Appeal of this important case concerning the package tour operator’s liability for food poisoning suffered by customers as a result of defective food and drink supplied in the course of a package holiday. The case could have significant implications for the prevailing Antcliffe and Kempson strict liability reasoning in this area and the arguments aired in the Court of Appeal should therefore be of interest to both tour operators and travel law practitioners. Continue reading Wood & Anor v TUI Travel Plc T/A First Choice – Package Travel, Food Poisoning, SGSA 1982

Harry Roberts (A Child) (Claimant) v (1) SSAFA (2) MoD (Defendants/Part 20 Claimants) & Allgemeines Krankenhaus Viersen GMBH (Third Party) [2016] EWHC 2744 (QB): Jurisdiction & the Brussels Recast Regulation

This blog is by Oliver Rudd of 12 King’s Bench Walk

The importance of (i) drafting a properly formulated application notice; and (ii) a thorough consideration of all extant contractual documentation and related evidence were starkly highlighted in this case in which the Court held that it did have jurisdiction to entertain Part 20 proceedings following alleged negligent medical treatment in Germany. The Court also gave useful guidance as to the interpretation of art. 8(2) of Brussels Recast (EU 1215/2012). Continue reading Harry Roberts (A Child) (Claimant) v (1) SSAFA (2) MoD (Defendants/Part 20 Claimants) & Allgemeines Krankenhaus Viersen GMBH (Third Party) [2016] EWHC 2744 (QB): Jurisdiction & the Brussels Recast Regulation

R (Gina Miller & Dier Dos Santos) v The Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) (The Brexit Case)

This article is by John-Paul Swoboda of 12 King’s Bench Walk

This case, concerning whether the Executive is entitled to use its prerogative powers to give notice under article 50 for the UK to cease to be a member of EU, is one of the most important legal decisions made during my lifetime. The case is of profound importance for two reasons. Firstly, the decision is of huge constitutional importance as it considers the relationship between parliament and the Executive. Secondly, the decision will, in my opinion, have a profound impact on Brexit. Continue reading R (Gina Miller & Dier Dos Santos) v The Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) (The Brexit Case)