All posts by James Beeton

The Package Travel Pre-action Protocol – Headlines for Practitioners

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

Asbestos Exposure and Choice of Law – The View from Scotland

 

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

In Docherty v Secretary of State for Business, Innovation and Skills [2018] 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

The Package Travel Regulations 2018: Key Points for PI Lawyers

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

James looks at the effect of the recently released draft of the new Package Travel and Linked Travel Arrangements Regulations 2018. In substance, the Regulations implement the provisions of the New Package Travel Directive (Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC).

The key points for personal injury practitioners are as follow. Continue reading The Package Travel Regulations 2018: Key Points for PI Lawyers

Holiday Sickness and Dishonesty: Two More Cases

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

This blog post considers two recent cases on holiday sickness and fundamental dishonesty: McLean v Thomas Cook Tour Operations Ltd (Unreported) 9 August 2017, Worcester County Court (which was touched on briefly by this blog in this post) and Caldwell v Thomas Cook Tour Operations Ltd (Unreported) 25 September 2017, Stockport County Court. Continue reading Holiday Sickness and Dishonesty: Two More Cases

Service out of the jurisdiction and ‘damage’ – our take on Four Seasons Holdings Incorporated v Brownlie

In this blog post, Kate Boakes of 12 King’s Bench Walk provides a fresh perspective on the implications of the Supreme Court’s decision in Four Seasons Holdings Incorporated v Brownlie [2017] UKSC 80. The entire judgment, including in particular the Court’s lengthy obiter discussion of the functioning of the CPR’s jurisdictional gateways, is required reading for private international lawyers. Continue reading Service out of the jurisdiction and ‘damage’ – our take on Four Seasons Holdings Incorporated v Brownlie

Jurisdiction, Joinder and Limitation: Spring v Ministry of Defence & Anor

In this blog post, Max Archer of 12 King’s Bench Walk considers the recent decision of Spring v Ministry of Defence & Evangelisches Krankenhaus Bielefeld gGmbH [2017] EWHC 3012 (QB). Master Yoxall considered issues of jurisdiction and joinder out of time for limitation purposes under the Recast Brussels Regulation. Continue reading Jurisdiction, Joinder and Limitation: Spring v Ministry of Defence & Anor

Slips and Trips: The Athens Convention 1974 and Package Travel Regulations

In Jennings v TUI UK Limited (t/a Thomson Cruises) [2018] EWHC 82 (Admlty) on 13 November 2017 in the High Court of Justice, Admiralty Court, Alex Carington of 12 King’s Bench Walk, instructed by Mark Fanning of Miles Fanning Legal, appeared before the Admiralty Registrar Jervis Kay QC for the Defendant in a case considering the application of the Athens Convention for the Carriage of Passengers and their Luggage by Sea 1974 as amended by the 2002 Protocol (the “Athens Convention“) and the Package Travel, Package Holidays and Package Tours Regulations 1992 (the “Package Travel Regulations“).

In particular, the Court gave useful guidance on when “carriage” ended in the context of disembarking from a cruise ship into a modern port terminal: namely, as soon as the passenger stepped off the cruise ship onto a walkway operated by the Port Authority.

This blog post may be considered alongside our recent case study of the Court’s approach to a slipping injury claim brought under the Montreal Convention 1999. Continue reading Slips and Trips: The Athens Convention 1974 and Package Travel Regulations