On 27 June 2024, the latest instalment of the ‘Spanish Interest’ appeals landed on the desks of cross-border lawyers when the Court of Appeal handed down judgment in the conjoined appeals of Nicholls v Mapfre & Woodward v Mapfre [2024] EWCA Civ 718. In relation to interest, there were two primary issues considered by the…
Read moreSupreme Court rules airlines cannot rely on crew illness to avoid compensation for delayed travellers: Lipton v BA Cityflyer [2024] UKSC 24
The Respondents were represented in the Supreme Court by Michael Rawlinson KC and Corinne Novell of 12KBW, Max Archer (formerly of 12KBW) and Daniel Isenberg of 11KBW instructed by Irwin Mitchell. This post is written by Michael Rawlinson KC and Corinne Novell. The Supreme Court has now handed down Judgment in Lipton v BA Cityflyer [2024] UKSC 24. This…
Read moreCOVID-19 and the right to terminate a package travel contract: two CJEU rulings on the interpretation of Article 12(2) of the Package Travel Directive 2015
In this article, Corinne Novell and Peter Hale cast their minds back to early 2020 and the outbreak of the pandemic in order to comment on two recent judgments of the Court of Justice of the European Union (‘CJEU’). Both decisions, handed down on the same date and by the same chamber of the CJEU,…
Read moreService Out of the Jurisdiction: Szrek & Ors v Div-Ing DOO & Ors [2024] EWHC 219 (KB)
In this post Chris Fleming looks at the recent High Court decision in Szrek & Ors v Div-Ing DOO & Ors [2024] EWHC 219 (KB), in which the Court considered an application for permission to serve a claim form and associated documents on the defendants out of the jurisdiction in a personal injury claim arising…
Read moreThe Hague Convention 2019: Please, Sir, can I have some more …?
Following the publication of the UK government’s response to the consultation which sought views on plans for the UK to become a Contracting Party to the Hague Convention 2019 on Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (“Hague 2019”), the UK government has confirmed that the UK “will sign Hague 2019…
Read moreGriffiths v TUI: Supreme Court Unanimously Allows Appeal
The Supreme Court has handed down its long-awaited judgment in Griffiths v TUI [2023] UKSC 48, an appeal which directly concerns a Package Travel holiday sickness claim but which will also indirectly affect all those who are involved in civil litigation, due to wide ramifications of the Court’s consideration of the issue of uncontroverted expert…
Read moreThe Assessment of Damages for Negligent Cosmetic Surgery Abroad: Roger Mann (as Executor of the Estate of Denise Mann) v Towarzystwo Ubezpieczen Inter Polska S.A and Ors
Mann v Towarzystwo Ubezpieczen Inter Polska S.A and Ors is a useful first instance judgment on the assessment of damages arising from negligent cosmetic surgery abroad. The rising trend for such surgery suggests that travel law practitioners are likely to become well versed in claims of this nature. Aliyah Akram acted for the Claimant in…
Read moreRemote Evidence from Overseas
“It is their problem, not yours!” Guidance to judges on parties seeking to adduce remote evidence from overseas issued by the Designated Civil Judge for Hampshire, Wiltshire and the Isle of Wight, quoted in Amanda Seafood PTE Ltd v Sykes Seafood Ltd [2023] EW Misc 13 (CC) Although Sir Julian Flaux issued his Practice Note…
Read moreA New Cause of Action is Born … On the Beach Ltd & Others v Ryanair UK Limited & Others [2023] EWHC 2694 (Comm)
This blog post was written by Patrick Vincent KC and Max Archer. In this action On the Beach Ltd (OTB) and associated companies sought to recover from Ryanair sums for which OTB was liable to its customers pursuant to the Package Travel and Linked Travel Arrangements Regulations 2018 (the PTRs). The judgment determined summary judgment/strike…
Read moreOf Spanish Interest: Nicholls v Mapfre & Woodward v Mapfre [2023] EWHC 1031 (KB)
On Thursday 4th May 2023 Mr Justice Martin Spencer handed down judgment in the conjoined appeals Nicholls v Mapfre & Woodward v Mapfre, adding another appellate decision to the line of cases on the hard fought issue of the correct approach to Spanish Interest in Rome II cases. By way of overview, in both cases…
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