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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Foreign law evidence: think about the practical side

It is one thing to follow the formalities to get expert foreign law evidence before the court in the first place (and all litigants should, of course, make sure that they follow the proper formalities). But canny litigants need to go a step further and think about the practicalities of how their expert will give…

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Success for pursuer in Scottish fatal diving accident claim

In this blog post, Lois Aldred of 12 King’s Bench Walk considers a new and perhaps conclusive development in the long-running litigation in Warner v Scapa Flow Charters [2021] CSOH 92. The case is best known for its trip to the Supreme Court on limitation in 2018. Readers may recall that the Supreme Court allowed…

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X v Kuoni: Supreme Court unanimously allows Claimant’s appeal

The Supreme Court has handed down judgment in X v Kuoni Travel Ltd (ABTA intervening) [2021] UKSC 34, unanimously finding in favour of the Appellant. It follows the ruling of the CJEU in March of this year. We previously blogged about the first instance decision, the Court of Appeal’s decision, the interim judgment of the Supreme Court, and…

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