In Cole and Others v IVI Madrid SL and Zurich Insurance Plc (Unreported) QBD, 24 September 2019, the court decided to refer to the CJEU the question of whether it was a requirement of art. 13(3) that, for an injured person to make a parasitic claim against the insured, the claim against the insured had…
Read moreJurisdiction and Applicable Law Post-Brexit: A Refresher
This blog post is by Spencer Turner of 12 King’s Bench Walk. With ‘exit day’ looming on 31st October 2019 and the very real possibility of a no-deal Brexit, it seems to a be a good time to set out a refresher on jurisdiction and applicable law in the event of a no-deal Brexit.
Read moreJurisdiction and foreign hotels post-Keefe
This blog post is by Spencer Turner of 12 King’s Bench Walk. In Lackey v Mallorca Mega Resorts and Anor [2019] EWHC 1028 (QB), Master Davison held that the Claimant, who had been paralysed as a result of an accident at a holiday resort, could sue a Spanish hotel and its insurer in England. There…
Read moreBrexit and the Government White Paper: Are the Civil Judicial Cooperation plans Realistic?
In this blog, which follows on from Philip Mead’s recent post explaining the legal implications the Government’s recent White Paper (Cm 9593), Patrick Vincent suggests that the Lugano Convention has been wrongly worded and wrongly translated – but that even if corrected it will not help the UK achieve post-Brexit civil judicial cooperation with the…
Read moreThe White Paper on The Future Relationship Between the United Kingdom and the European Union: Brexit Trifle or Dog’s Dinner?
This blog by Philip Mead of 12 King’s Bench Walk describes the approach adopted by the Government to negotiations with the EU as set out in the White Paper (Cm 9593) published on 12 July 2018, with particular reference to international and travel claims involving employment and personal injury.
Read moreAAA & ORS v (1) UNILEVER PLC (2) UNILEVER TEA KENYA LTD (2018) [2018] EWCA Civ 1532: the corporate veil remains a tightly woven garment
This blog is by Lois Aldred of 12 King’s Bench Walk. The Court of Appeal recently handed down its judgment in AAA & Others v Unilever PLC and Unilever Tea Kenya Limited. This is the latest in a series of Court of Appeal considerations of the extent of corporate liability of parent companies for acts or…
Read moreService out of the jurisdiction and ‘damage’ – our take on Four Seasons Holdings Incorporated v Brownlie
In this blog post, Kate Boakes of 12 King’s Bench Walk provides a fresh perspective on the implications of the Supreme Court’s decision in Four Seasons Holdings Incorporated v Brownlie [2017] UKSC 80. The entire judgment, including in particular the Court’s lengthy obiter discussion of the functioning of the CPR’s jurisdictional gateways, is required reading for private international…
Read moreJurisdiction, Joinder and Limitation: Spring v Ministry of Defence & Anor
In this blog post, Max Archer of 12 King’s Bench Walk considers the recent decision of Spring v Ministry of Defence & Evangelisches Krankenhaus Bielefeld gGmbH [2017] EWHC 3012 (QB). Master Yoxall considered issues of jurisdiction and joinder out of time for limitation purposes under the Recast Brussels Regulation.
Read moreLungowe & Ors v Vedanta Resources Plc v Konkola Copper Mines Plc [2017] EWCA Civ 1528: Anchoring defendants, and suing the parent for the sins of their subsidiaries
This blog is by John-Paul Swoboda of 12 King’s Bench Walk. Chandler v Cape [2012] EWCA Civ 525 was described in the Economist as “A little-noticed court case with big implications”[1]. That was because it was the first time a parent company had successfully been sued for, as the Economist put it, the sins of their…
Read moreGuest Post – Williams vs Mapfre: The justice system of England and Wales slips up badly
This guest post is by Carlos Villacorta Salís of BCV Lex. An alternative version of the article (with link to Spanish language version) appears on the firm’s website here. It should be noted that the view expressed below has been indirectly confirmed by the recent CJEU decision in Case C-368/16, Assens Havn v Navigators Management (UK) Limited…
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