High Court blow for environmental damage representative actions

In a previous blog post, we noted that litigation concerning damage caused by an oil spill off the coast of Nigeria had, unusually, been brought as a representative action under CPR Part 19. At a hearing (discussed here), this feature of the litigation was commented on by the judge, who noted that there could be…

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Brownlie returning to Supreme Court

I am grateful to Marie Louise Kinsler QC of 2 Temple Gardens for letting me know that the Court of Appeal has granted permission to the Defendant to appeal on all points arising out of its recent ruling in the revived Brownlie litigation (discussed here). The appeal judges also recommended that any appeal be expedited….

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Court of Appeal rules in revived Brownlie litigation

A summary of the background to this case is set out in a previous blog post on the first instance decision here. On appeal under the citation FS Cairo (Nile Plaza) LLC v Brownlie [2020] EWCA Civ 996, the Court of Appeal ruled on: whether the tort gateway for service out of the jurisdiction could…

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Shipbreaking, applicable law, and the duty of care

In this blog post John-Paul Swoboda and his pupil, Cressida Mawdesley-Thomas, consider the recent judgment of Jay J in Begum (on behalf of Mollah) v Maran (UK) Ltd [2020] EWHC 1846 (QB). This judgment is well worth reading for at least two reasons. First, it highlights the dangerous practice of shipbreaking on tidal beaches such…

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High Court applies Spanish Baremo

In this blog, David White considers Scales v Motor Insurers’ Bureau [2020] EWHC 1747 (QB). This is an important judgment in that it is (as far as the writer is aware, at least) the first reported decision of one of the senior courts of England and Wales (High Court or above) regarding the application of…

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European Commission begins infringement proceedings against Member States for failure to comply with EU law on protecting the rights of consumers and travellers

In the ongoing refunds saga, the EU has, as of 2 July 2020, begun infringement proceedings against the Czech Republic, Cyprus, Greece, France, Italy, Croatia, Lithuania, Poland, Portugal and Slovakia on the grounds that their national rules infringe EU law on consumers’ and travellers’ rights. In this blog, Spencer Turner updates us on the current…

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Comity, performance, and illegality under foreign law

This blog by Achas Burin considers the recent case of Colt Technology v SG Global Group [2020] EWHC 1417 (Ch). Colt Technology, a company incorporated in the UK, successfully applied to restrain a winding up petition sought by SG Global (‘SGG’), an Italian company. The court based its judgment on the principle in Ralli Brothers v Compania…

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