This blog by Henry King considers the recent decision in Satfinance Investments Limited v Inigo Philbrick and ors [2020] EWHC 1261 (Ch). The key point in this case was Chief Master Marsh’s interpretation of the CPR 6BPD 3.1(3) “necessary and proper party” service gateway. This is a significant decision for those involved in cross-border claims…
Read moreJurisdiction clauses – they mean what they say
In this blog, Spencer Turner considers the recent decision of Ridley v Dubai Islamic Bank PJSC [2020] EWHC 1213 (Comm). The background to this case is unusual, extensive and interesting. The key points are these: What happens when (i) the claimant gets permission to serve abroad; (ii) the defendant challenges the grant of permission; but…
Read moreAnti-suit injunctions: lessons from two recent cases
The High Court has a general power to grant injunctions under s. 37(1) of the Senior Courts Act 1981. An “anti-suit injunction” orders a party to cease to pursue, or not to commence, court proceedings. It may be granted where foreign proceedings will infringe a relevant substantive legal or equitable right (such as a contractual…
Read moreOdenbreit and territorial restriction clauses: a new twist from the CJEU
In Case C‑581/18 RB v TÜV Rheinland LGA Products GmbH, Allianz IARD SA, the CJEU rejected a challenge to a territorial restriction clause in a liability insurance contract brought on the basis that it amounted to discrimination on grounds of nationality contrary to art. 18 TFEU. The ruling may be said to represent a blow…
Read moreConsent to risk and movie stunts: a recent ruling from South Africa
During filming for Resident Evil: The Final Chapter in South Africa, UK-based stuntwoman Olivia Jackson was involved in a serious collision with a camera boom while riding a motorcycle. Ms Jackson suffered a number of serious injuries, including facial scarring, nerve damage and an above-elbow arm amputation. The liability insurance policy for the film did…
Read moreCoronavirus mini-series: (5) holiday refunds and consumer rights
This blog by Cressida Mawdesley-Thomas of 12 King’s Bench Walk highlights that travellers’ rights to refunds under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTR 2018”) have not changed. There has been no official guidance from the European Commission on the Package Travel Directive 2015 in the context of COVID-19. However, the guidance…
Read moreDoes the claimant need to plead and prove an applicable foreign law in cross-border claims?
This blog post is by Max Archer of 12 King’s Bench Walk. In Iranian Offshore Engineering and Construction Co v Dean Investment Holdings SA & Ors [2018] EWHC 2759 (Comm), Baker J held that where a claim was governed by foreign law but the claimant had not pleaded or proved the content of that law,…
Read moreThe Legal Systems of South Korea and England: A Comparison
Jihyun Kim, a lawyer practising in South Korea, recently spent a week at 12 KBW on an exchange programme organised by the Bar Council. In this blog post, Jihyun compares and contrasts the legal systems in South Korea and England, including the very different approaches to case management, costs and ADR.
Read more12 KBW International & Travel team produces new Accidents Abroad chapter for Butterworths Personal Injury Litigation Service
Members of 12 King’s Bench Walk’s International & Travel team have co-authored a wide-ranging update to the ‘Accidents Abroad’ section of Butterworths Personal Injury Litigation Service – a leading loose-leaf text for personal injury practitioners. The update covers applicable law and jurisdiction in personal injury claims, the new Package Travel and Linked Travel Arrangements Regulations…
Read moreTranscript Available: Briggs and Others v First Choice Holidays [2017] EWHC 2012 (QB) – ADR, Costs
This blog post is by James Beeton of 12 King’s Bench Walk. A transcript of the decision of Singh J, which generated significant comment earlier this year, is now available on Lawtel. The full judgment contains important comments (set out below) on the correct approach to the assessment of costs in holiday claims when ADR…
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