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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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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