Applicable Law – 12KBW International & Travel Law Blog

The Fundão Dam Litigation: some useful cross-border points

January 19, 2026 Peter Hale Applicable Law, Cross-Border, Foreign Law, Jurisdiction, Limitation Periods

This blog post is by James Pickering, Head of 12 KBW’s International & Travel Law Team. It will not have escaped the attention of our readers that, in Municipio De Mariana v BHP Group (UK) Ltd & Anor [2025] EWHC 3001 (TCC), the Claimants in the Fundão Dam Litigation staged a truly remarkable comeback, escaping…

Of Spanish Interest: Nicholls v Mapfre & Woodward v Mapfre [2023] EWHC 1031 (KB)

May 4, 2023 Peter Hale Applicable Law, Cross-Border

On Thursday 4th May 2023 Mr Justice Martin Spencer handed down judgment in the conjoined appeals Nicholls v Mapfre & Woodward v Mapfre, adding another appellate decision to the line of cases on the hard fought issue of the correct approach to Spanish Interest in Rome II cases. By way of overview, in both cases…

SSAFA v Allgemeines Krankenhaus Viersen GmbH [2022] UKSC 29: Case Comment

December 19, 2022 Peter Hale Applicable Law

In this latest post Patrick Vincent KC considers the recent decision of the Supreme Court in SSAFA v Allgemeines Krankenhaus Viersen GmbH. The Civil Liability (Contribution) Act 1978 has been good for lawyers. Sections 1 and 2 of this short Act have generated numerous weighty judgments and hundreds of thousands of words of academic commentary….

Clinical negligence in a foreign hospital: a recent ruling on applicable law and limitation

May 12, 2020 James Beeton Applicable Law, Limitation Periods

In Roberts (a minor) v (1) SSAFA; (2) MOD; (3) AKV (Part 20) [2020] EWHC 994 (QB) Mrs Justice Foster gave judgment on preliminary issues arising out of a claim for an English midwife’s purported negligence during the birth of Harry Roberts in Germany. The preliminary issues were: (1) Whether German law applied; (2) If so,…

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Category: Applicable Law