Appeal succeeds in Scottish fatal diving accident case

Lois Aldred of 12 King’s Bench Walk previously blogged about the decision of the Outer House of the Court of Session in Warner v Scapa Flow Charters. That decision – in favour of the pursuer – has since been overturned by the Inner House. The litigation in summary concerns the standard of care required of the…

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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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Lord Frost: changes incoming for retained EU law

A major issue for English civil lawyers since Brexit has been making sense of the complex new idea of “retained EU law”. Sam Cuthbert wrote an excellent summary of the key points in a blog back in January of this year. 2TG have recently released a detailed analysis of the many difficult questions about this…

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