Category Archives: Uncategorized

Does the claimant need to plead and prove an applicable foreign law in cross-border claims?

This blog post is by Max Archer of 12 King’s Bench Walk.

In Iranian Offshore Engineering and Construction Co v Dean Investment Holdings SA & Ors [2018] EWHC 2759 (Comm), Baker J held that where a claim was governed by foreign law but the claimant had not pleaded or proved the content of that law, the court would apply English Law as per rule 25(2) of Dicey, Morris & Collins on the Conflict of Laws. Where a claimant has pleaded a viable cause of action and the defendants had not argued that it would be inappropriate to apply English law, it must apply as per rule 25(2). Continue reading Does the claimant need to plead and prove an applicable foreign law in cross-border claims?

The Legal Systems of South Korea and England: A Comparison

Jihyun Kim, a lawyer practising in South Korea, recently spent a week at 12 KBW on an exchange programme organised by the Bar Council. In this blog post, Jihyun compares and contrasts the legal systems in South Korea and England, including the very different approaches to case management, costs and ADR. Continue reading The Legal Systems of South Korea and England: A Comparison

12 KBW International & Travel team produces new Accidents Abroad chapter for Butterworths Personal Injury Litigation Service

Members of 12 King’s Bench Walk’s International & Travel team have co-authored a wide-ranging update to the ‘Accidents Abroad’ section of Butterworths Personal Injury Litigation Service – a leading loose-leaf text for personal injury practitioners.

The update covers applicable law and jurisdiction in personal injury claims, the new Package Travel and Linked Travel Arrangements Regulations 2018, up-to-date guidance on gastric illness claims, and the international travel conventions. The new chapter appears in the most recent edition of the hardcopy text and is also accessible online for subscribers to LexisNexis.

Transcript Available: Briggs and Others v First Choice Holidays [2017] EWHC 2012 (QB) – ADR, Costs

This blog post is by James Beeton of 12 King’s Bench Walk.

A transcript of the decision of Singh J, which generated significant comment earlier this year, is now available on Lawtel. The full judgment contains important comments (set out below) on the correct approach to the assessment of costs in holiday claims when ADR schemes have not been utilized. Continue reading Transcript Available: Briggs and Others v First Choice Holidays [2017] EWHC 2012 (QB) – ADR, Costs