Limitation and Rome II: is service a matter of procedure?

In Pandya v Intersalonika General Insurance Co SA [2020] EWHC 273 (QB), Tipples J considered as a preliminary issue whether the claimant’s case should be struck out on the basis that it was time-barred. The case involves an interesting analysis of whether service will be treated as a matter of evidence and procedure under art….

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Brownlie back in the High Court: Claimant allowed to serve on substitute defendant

Regular readers of this blog will recall our article on the Supreme Court’s judgment in Four Seasons Holdings Incorporated v Brownlie [2017] UKSC 80 (here). In an order drawn up in July 2018, the Supreme Court directed that all consequential matters should be remitted to the High Court and that the Claimant had permission to…

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Asbestos Exposure and Choice of Law – Docherty Revisited

This blog post is by James Beeton of 12 King’s Bench Walk. In May we considered the decision of the Outer House of Scotland’s Court of Session in Docherty v Secretary of State for Business, Innovation and Skills [2018] CSOH 25 in this blog post. The question for the court to consider may be summarised…

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Committeri v Club Mediterranée SA and Anor [2018] EWCA Civ 1889 – Package Travel, Rome I and II

In this blog, James Beeton of 12 King’s Bench Walk considers the decision in Committeri v Club Mediterranée SA [2018] EWCA Civ 1889, which was handed down yesterday. The case involved an appeal against the decision of Dingemans J ([2016] EWHC 1510 (QB) – considered in an earlier blog post here). It provides guidance on (i) the…

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Asbestos Exposure and Choice of Law – The View from Scotland

  This blog post is by James Beeton of 12 King’s Bench Walk. In Docherty v Secretary of State for Business, Innovation and Skills [2018] CSOH 25, the Outer House of Scotland’s Court of Session considered the following question: Where a man, while working in Scotland, inhales asbestos fibres that cause him injury after he…

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KXL (1) NXR (2) MXD (3) v Nicholas Murphy (1) The Society of Missionaries of Africa (“The White Fathers”) (2) [2016] EWHC 3102 (QB) – Applicable law and foreign limitation periods

This case concerned allegations of historic sexual abuse against three claimants who at the time of the alleged abuse were children living in Uganda. The preliminary issue before the court was a matter of applicable law: whether the Ugandan limitation period applied so that the claim was statue barred.

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