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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X v Kuoni: end of the line in sight

A date for the diary of all travel lawyers: the Supreme Court will give judgment for the second time in X v Kuoni on Friday 30 July 2021 at 9.45 am by video link. We will of course blog on the decision as soon as it is released.

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Expert foreign law evidence … or judicial roulette?

We have previously blogged about the need for parties to litigation to follow the proper formalities in order to rely on expert foreign law evidence. In Pescatore v Valentino & Ors [2021] EWHC 1953 (Ch), HHJ Paul Matthews set out the position again: Before I turn to deal with the application for an injunction, I…

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Post-Brexit edition of Butterworths Personal Injury Litigation Service published

The “Accidents Abroad” Division of practitioner text Butterworths Personal Injury Litigation Service has for some years now been written and edited by members of 12 King’s Bench Walk’s International & Travel Team. Earlier this year, I worked with cross-border guru Philip Mead on the first post-Implementation Period version of the Division, building on last year’s…

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European Commission backs Hague Judgments Convention

We start the week with one eye on the future. On Friday, The European Commission adopted a proposal for the EU to accede to the Hague Judgments Convention. Didier Reynders, European Commissioner for Justice, said: Having one’s rights enforced in a country outside of the EU can be very cumbersome, both for private persons and for…

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An English fatal accident claim with a Spanish twist

In Chouza v Martin & Ors [2021] EWHC 1669 (QB), Martin Spencer J considered a number of interesting issues arising out of a fatal road traffic accident. John-Paul Swoboda of 12 King’s Bench Walk represented the Claimant. Although there was no foreign applicable law in this case, the judgment depended heavily on expert foreign law…

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EU: Lugano is off the table

We previously blogged about reports that the European Commission had advised the EU not to allow the UK to accede to the Lugano Convention. On 1 July 2021, Switzerland, in its capacity as depository of the Convention, notified the Parties to the Convention that the EU has formally withheld its consent to the UK’s accession:…

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