Service, jurisdiction and forum conveniens post Brexit

The High Court has handed down an interesting judgment on service, jurisdiction and forum conveniens post Brexit. In this post, Alex Carington considers the decision of Master McCloud in Charlton v Deffert [2022] EWHC 2378 (KB) in which he successfully defended a jurisdiction challenge by the Defendant. A copy of the judgment can be found…

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Last question

I can’t resist raising a question for discussion that I’ve been thinking about before I retire. Here it is: Do claimants in fatal accident claims governed by a foreign law have QOCS protection?

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Welcome to our new editor

In what is without doubt the biggest resignation news of the last week, I can announce that after six years the time has finally come for me to step down as editor of this blog. Fortunately, there will be no messy contest for my replacement: I’m delighted to hand it over to Spencer Turner. For…

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Costs capping order refused in Malawian tea plantation litigation

A fascinating costs decision has just been released (please bear with me) in Thomas & Ors v PGI Group Ltd [2021] EWHC 2776 (QB). Kate Boakes is one of the counsel team representing the Claimants. 31 women employed at tea and macadamia nut plantations in Malawi allege sexual assault, harassment, and other types of sexual…

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When in Rome … Guidance from judges applying Italian law

Two recent decisions – both coincidentally dealing with the application of Italian law in the English courts – have given some useful general indicators about how the courts will approach the determination of disputes concerning foreign law. In River Countess BV & Ors v MSC Cruise Management (UK) Ltd [2021] EWHC 2652 (Admlty), Andrew Baker…

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Local standards in skiing claims

My thanks to Tom Collins of 1 Chancery Lane for letting me feature this article about a recent package travel case in which he successfully appeared on instructions from Michael Gwilliam of Plexus Legal LLP. The article first appeared in 1 Chancery Lane’s Weekly Roundup, which can be accessed here. In Doyle v Rayburn Tours Limited (Unreported)…

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Griffiths overturned by Court of Appeal majority

In Griffiths v TUI (UK) Ltd [2021] EWCA Civ 1442, the Court of Appeal has handed down judgment on the question of whether the court can evaluate and reject an “uncontroverted” expert’s report, and if so, in what circumstances. The background to this holiday sickness case will by now be familiar to travel lawyers: we…

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