Pickard v Marshall, the MIB and others [2017] EWCA Civ 17 – Rome II and manifestly closer connections

The blog is by David Green of 12 King’s Bench Walk.

Cranston J refused permission to appeal against Dingemans J’s judgment in Marshall v the MIB, Pickard and others [2015] EWHC 3421 (QB) on an important point of construction of Article 4 of the Rome II Regulations. Continue reading Pickard v Marshall, the MIB and others [2017] EWCA Civ 17 – Rome II and manifestly closer connections

Wood & Anor v TUI Travel PLC T/A First Choice [2017] EWCA Civ 11 – Package Travel, Food Poisoning, SGSA 1982

This blog post is by James Beeton of 12 King’s Bench Walk.

This important package travel case represents a significant coup for claimants in the context of food poisoning cases. Although the package travel industry will be disappointed by the court’s decision, some comments in the judgment may suggest the imposition of a more demanding approach to establishing causation on the evidence. An earlier blog post considered in detail the arguments heard by the Court of Appeal; this post will consider the court’s judgment, handed down earlier today. Continue reading Wood & Anor v TUI Travel PLC T/A First Choice [2017] EWCA Civ 11 – Package Travel, Food Poisoning, SGSA 1982

Elkamet Kunststofftechnik GmbH v Saint-Gobain Glass France SA – costs, exchange rates

This blog post is by James Beeton of 12 King’s Bench Walk.

This case concerned a short but important point in relation to the summary assessment of costs in the aftermath of the Brexit vote in June 2016 – namely, the impact of the dramatic decline in the exchange rate between the pound and the euro since the issue of proceedings. Continue reading Elkamet Kunststofftechnik GmbH v Saint-Gobain Glass France SA – costs, exchange rates

KXL (1) NXR (2) MXD (3) v Nicholas Murphy (1) The Society of Missionaries of Africa (“The White Fathers”) (2) [2016] EWHC 3102 (QB) – Applicable law and foreign limitation periods

This case concerned allegations of historic sexual abuse against three claimants who at the time of the alleged abuse were children living in Uganda. The preliminary issue before the court was a matter of applicable law: whether the Ugandan limitation period applied so that the claim was statue barred. Continue reading KXL (1) NXR (2) MXD (3) v Nicholas Murphy (1) The Society of Missionaries of Africa (“The White Fathers”) (2) [2016] EWHC 3102 (QB) – Applicable law and foreign limitation periods