All posts by James Beeton

MacInnes v Gross [2017] EWHC 127 (QB) – Costs, Exchange Rates

This blog post is by William Audland QC and James Beeton of 12 King’s Bench Walk.

This case involved a failed claim in contract or unjust enrichment by C against D1, with a consequential award of costs in D1’s favour. Issues arose as to both the basis of the costs award and the level of interest recoverable. Having found that costs would be awarded on the standard basis, Coulson J went on to consider an argument advanced by D1 that it was entitled to an order for recovery of any additional sums to be assessed ‘to reflect any currency loss caused by the decline in the exchange rate between the Pound and the Euro since any payments [of costs] were made’.

This claim was made on the basis of the recent decision in Elkamet Kunststofftechnik GmbH v Saint-Gobain Glass France SA [2016] EWHC 3421 (Pat) – considered in a separate blog post here. In that case, Arnold J had found that there was a ‘powerful analogy’ between an award of interest on costs and an award of exchange rate losses on costs. He had awarded the claimant an additional sum – some £20,000 – representing its exchange rate loss in converting euros into pounds in order to pay its solicitors’ bills. Continue reading MacInnes v Gross [2017] EWHC 127 (QB) – Costs, Exchange Rates

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

Chelton v Acromas Holidays Ltd t/a Saga Holidays – Package Travel, Local Standards

James Candlin of 12 King’s Bench Walk acted for the Defendant in this action arising out of personal injuries that Mrs Chelton sustained on 26 September 2013 in the course of a river cruise package holiday provided by Saga. Recorder Browne-Wilkinson QC gave judgment dismissing the Claimant’s claim. The case provides a useful illustration of the risk of relying solely upon legal experts at the expense of local specialists in the relevant field when seeking to establish local standards. Continue reading Chelton v Acromas Holidays Ltd t/a Saga Holidays – Package Travel, Local Standards

X v Kuoni Travel Limited [2016] EWHC 3090 (QB) – Tour Operator Liability for Rape by Hotel Employee

William Audland QC of 12 King’s Bench Walk and Gary Tweddle of MB Law represented the Defendant in this case where the Claimant, who was raped by an employee of a Sri Lankan Hotel, sued the Defendant tour operator that had organised the package holiday.

The case comment is by John-Paul Swoboda of 12 King’s Bench Walk. Continue reading X v Kuoni Travel Limited [2016] EWHC 3090 (QB) – Tour Operator Liability for Rape by Hotel Employee

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

Al-Saadoon & Others v Secretary of State for Defence [2016] EWCA Civ 811 – ECHR, Jurisdiction, art. 3, art. 5, UNCAT

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

This important case considered in detail a number of issues arising under the European Convention on Human Rights (“ECHR”): the scope of the Convention’s extra-territorial effect, investigative obligations under articles 3 and 5, and the impact of the UN Convention Against Torture (“UNCAT”) on investigative obligations under articles 2 and 3. The first part of this article will provide a brief outline of the facts and issues along with a commentary on the judgment; the second will consider the Court of Appeal’s approach to the specific issues in greater detail. Continue reading Al-Saadoon & Others v Secretary of State for Defence [2016] EWCA Civ 811 – ECHR, Jurisdiction, art. 3, art. 5, UNCAT