In this article, Corinne Novell and Peter Hale cast their minds back to early 2020 and the outbreak of the pandemic in order to comment on two recent judgments of the Court of Justice of the European Union (‘CJEU’). Both decisions, handed down on the same date and by the same chamber of the CJEU,…
Read moreService Out of the Jurisdiction: Szrek & Ors v Div-Ing DOO & Ors [2024] EWHC 219 (KB)
In this post Chris Fleming looks at the recent High Court decision in Szrek & Ors v Div-Ing DOO & Ors [2024] EWHC 219 (KB), in which the Court considered an application for permission to serve a claim form and associated documents on the defendants out of the jurisdiction in a personal injury claim arising…
Read moreThe Hague Convention 2019: Please, Sir, can I have some more …?
Following the publication of the UK government’s response to the consultation which sought views on plans for the UK to become a Contracting Party to the Hague Convention 2019 on Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (“Hague 2019”), the UK government has confirmed that the UK “will sign Hague 2019…
Read moreGriffiths v TUI: Supreme Court Unanimously Allows Appeal
The Supreme Court has handed down its long-awaited judgment in Griffiths v TUI [2023] UKSC 48, an appeal which directly concerns a Package Travel holiday sickness claim but which will also indirectly affect all those who are involved in civil litigation, due to wide ramifications of the Court’s consideration of the issue of uncontroverted expert…
Read moreThe Assessment of Damages for Negligent Cosmetic Surgery Abroad: Roger Mann (as Executor of the Estate of Denise Mann) v Towarzystwo Ubezpieczen Inter Polska S.A and Ors
Mann v Towarzystwo Ubezpieczen Inter Polska S.A and Ors is a useful first instance judgment on the assessment of damages arising from negligent cosmetic surgery abroad. The rising trend for such surgery suggests that travel law practitioners are likely to become well versed in claims of this nature. Aliyah Akram acted for the Claimant in…
Read moreRemote Evidence from Overseas
“It is their problem, not yours!” Guidance to judges on parties seeking to adduce remote evidence from overseas issued by the Designated Civil Judge for Hampshire, Wiltshire and the Isle of Wight, quoted in Amanda Seafood PTE Ltd v Sykes Seafood Ltd [2023] EW Misc 13 (CC) Although Sir Julian Flaux issued his Practice Note…
Read moreA New Cause of Action is Born … On the Beach Ltd & Others v Ryanair UK Limited & Others [2023] EWHC 2694 (Comm)
This blog post was written by Patrick Vincent KC and Max Archer. In this action On the Beach Ltd (OTB) and associated companies sought to recover from Ryanair sums for which OTB was liable to its customers pursuant to the Package Travel and Linked Travel Arrangements Regulations 2018 (the PTRs). The judgment determined summary judgment/strike…
Read moreOf Spanish Interest: Nicholls v Mapfre & Woodward v Mapfre [2023] EWHC 1031 (KB)
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…
Read moreHappy Holidays from the 12KBW I&T Group
As 2022 comes to an end I wanted to take a brief moment to reflect on a busy year (yes, I know, another one of these ‘year in reviews’) for the 12KBW International and Travel Group. First and foremost, thank you to anyone who reads this blog, shares our posts and engages with the content…
Read moreSpanish Law: Points of Interest
If the wintery weather has got you dreaming not of a White Christmas, but of warmer climes, then fly away with Peter Hale to sunny Tenerife, as he explores the ‘hot topic’ of penalty interest under Spanish law in the context of two recent decisions: Background As travel practitioners will recall, Article 20 of the…
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