Air accidents and the production of material gathered by the Air Accident Investigation Branch; R (Secretary of State) v HM Senior Coroner for Norfolk & BAPA [2016] EWHC 2279 & Chief Constable of Sussex Police v Secretary of State for Transport & BAPA [2016] EWHC 2280

This article is by Michael Rawlinson QC and Patrick Vincent of 12 King’s Bench Walk.

The Divisional Court has given new guidance to coroners and the police restricting their ability to demand production of material given to the Air Accident Investigation Branch (“AAIB”) whilst discharging their respective fact finding obligations where air crashes had led to death. Continue reading Air accidents and the production of material gathered by the Air Accident Investigation Branch; R (Secretary of State) v HM Senior Coroner for Norfolk & BAPA [2016] EWHC 2279 & Chief Constable of Sussex Police v Secretary of State for Transport & BAPA [2016] EWHC 2280

Al-Saadoon & Others v Secretary of State for Defence [2016] EWCA Civ 811 – ECHR, Jurisdiction, art. 3, art. 5, UNCAT

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

This important case considered in detail a number of issues arising under the European Convention on Human Rights (“ECHR”): the scope of the Convention’s extra-territorial effect, investigative obligations under articles 3 and 5, and the impact of the UN Convention Against Torture (“UNCAT”) on investigative obligations under articles 2 and 3. The first part of this article will provide a brief outline of the facts and issues along with a commentary on the judgment; the second will consider the Court of Appeal’s approach to the specific issues in greater detail. Continue reading Al-Saadoon & Others v Secretary of State for Defence [2016] EWCA Civ 811 – ECHR, Jurisdiction, art. 3, art. 5, UNCAT

The Montreal Convention and Psychiatric Harm

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

The article considers the Montreal Convention: the regime governing the liability of air carriers to passengers in international carriage. The Convention is a well-worn route for passengers who have been injured aboard an aeroplane. Max considers the recourse available for claimants who have sustained psychiatric harm. Continue reading The Montreal Convention and Psychiatric Harm

Moreno v MIB [2016] UKSC 52 – Applicable law, 4th Motor Insurance Directive, MIB

This case comment is by Patrick Vincent of 12 King’s Bench Walk.

The recent decision of the Supreme Court in Moreno has cleared up one – but only one – of the difficulties created by the complicated and fragmented way in which the legislature has attempted to implement the requirements of the EU Motor Insurance Directives. Continue reading Moreno v MIB [2016] UKSC 52 – Applicable law, 4th Motor Insurance Directive, MIB

Swift & Ors v Fred Olsen Cruise Lines [2016] EWCA Civ 785 – Food Poisoning, Athens Convention, Causation

This case comment is by Alex Carington of 12 King’s Bench Walk.

The case is a rare example of the Court of Appeal considering proper approaches to assessment of evidence, breach of duty and causation in the context of an outbreak of illness on a cruise ship. Continue reading Swift & Ors v Fred Olsen Cruise Lines [2016] EWCA Civ 785 – Food Poisoning, Athens Convention, Causation

Brexit & Conflict of Laws: Part 3

In the final part of this series I look at how English law’s approach to the  choice of applicable law may change post Brexit. For historical and political reasons the change may be radical. I conclude this series of blogs by making tentative predictions as to how English law’s approach to the conflict of laws may change following Brexit. Continue reading Brexit & Conflict of Laws: Part 3