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”
In this blog post, James Beeton of 12 King’s Bench Walk sets out the key features of the new Pre-action Protocol for the Resolution of Package Travel Claims. The main points to note are: (i) the extension to gastric illness claims of the fixed recoverable costs regime in Part 45, (ii) a prescriptive system of claims notification and response, (iii) accelerated disclosure obligations (including potentially onerous disclosure requirements on defendants) and (iv) confirmation that an expert medical report from a GP followed by Part 35 questions is likely to continue to represent the totality of the expert evidence in the vast majority of cases. Continue reading “The Package Travel Pre-action Protocol – Headlines for Practitioners”
This blog post is by James Beeton of 12 King’s Bench Walk.
In Docherty v Secretary of State for Business, Innovation and Skills  CSOH 25, the Outer House of Scotland’s Court of Session considered the following question:
Where a man, while working in Scotland, inhales asbestos fibres that cause him injury after he has become resident in England, which law is applicable to determine the admissibility of claims for damages made by his executors and relatives after his death? Continue reading “Asbestos Exposure and Choice of Law – The View from Scotland”
In this blog Max Archer of 12 King’s Bench Walk analyses the recent decision of the Court of Appeal in X v Kuoni Travel Ltd  EWCA Civ 938 which assesses the boundaries of tour operator contractual liability where the Package Travel Regulations apply. Continue reading “X v Kuoni  EWCA Civ 938 – the limits of tour operator liability”