In this blog post, Christopher Fleming considers the Opinion recently handed down by Advocate General Szpunar (“the AG”) in X v Kuoni Travel Ltd (Case C-578/19) in response to the questions referred to the CJEU by the Supreme Court on 24 July 2019. In summary, the AG opined that: The defence provided for in the…
Read moreBar Council issues post-transition guidance for cross-border barristers
The Bar Council has produced a helpful document giving practical guidance on the implications of the end of the transition period for cross-border case management. With sections on litigating cases before the CJEU and the EFTA Court, legal professional privilege, and data protection issues, this is required reading for counsel acting in cross-border cases.
Read moreHigh Court: Interest on tort damages is a matter of procedure under Rome II
In Troke & Anor v Amgen Seguros Generales Compania De Seguros Y Reaseguros SAU [2020] EWHC 2976 (QB), Griffiths J was asked to decide whether interest on damages arising out of a road traffic accident in Spain was a matter of procedure (and therefore governed by English law) or a matter of substance (and therefore…
Read moreForeign law expert evidence and the assessment of damages for personal injury
A High Court decision earlier this year confirmed the correct approach to be taken with the nature and scope of expert evidence in a claim for personal injury damages to which a foreign law applies. This article is by Chris Deacon and Sophie Burroughs of Stewarts, who instructed John-Paul Swoboda on behalf of the claimants….
Read moreDefendant seeks permission to appeal in Griffiths v TUI
TUI has applied for permission to appeal the recent decision in Griffiths v TUI UK Limited [2020] EWHC 2268 (QB), according to the Court of Appeal case tracker website. (Credit for this spot goes to the eagle-eyed Spencer Turner.) We wrote about the significant implications of the first instance decision here.
Read moreEU Commission releases updated notice on post-Brexit transition period private international law rules
The EU Commission has released an updated notice concerning the impact of the end of the Brexit transition period on private international law. The notice is available here. We summarised the position under the Withdrawal Agreement in a previous blog post. In summary: The EU rules on international jurisdiction will continue to apply to proceedings…
Read moreSupreme Court vicarious liability ruling applied in Scottish abuse claim
In this blog post, Samuel Cuthbert considers the case of JXJ v The Province of Great Britain of the Institute of Brothers of the Christian Schools (“The De La Salle Brothers”) [2020] EWHC 1914 (QB). This is the first sexual abuse case applying the Supreme Court’s decision on vicarious liability in Various Claimants v Barclays…
Read moreFood poisoning ruling sends shockwaves through package travel litigation sector
In this blog post, Cressida Mawdesley-Thomas considers the recent case of Griffiths v TUI UK Limited [2020] EWHC 2268 (QB). It is difficult to overstate the impact of this ruling in relation to the way in which package holiday food poisoning cases have generally been fought since the key Court of Appeal decision in Wood…
Read moreNew authority on Rome II tort “escape clause”
In this blog post, Spencer Turner discusses the recent decision in Avonwick Holdings Ltd v Azitio Holdings Ltd & Ors [2020] EWHC 1844 (Comm). This case involved three of Ukraine’s most prominent businessmen, allegations of misrepresentation, deceit, conspiracy, claims and counterclaims valued in excess of US$1 billion and an eight-week High Court trial in which…
Read moreCourt of Appeal: Civil Liability (Contribution) Act 1978 has extra-territorial effect
In Roberts v The Soldiers, Sailors, Airmen And Families Association – Forces Help & Anor [2020] EWCA Civ 926, the Court of Appeal confirmed that the Civil Liability (Contribution) Act 1978 has extraterritorial effect. In this blog post, Megan Griffiths and James Beeton outline the decision and consider its implications for future litigation.
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