Wood & Anor v TUI Travel PLC T/A First Choice [2017] EWCA Civ 11 – Package Travel, Food Poisoning, SGSA 1982

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

This important package travel case represents a significant coup for claimants in the context of food poisoning cases. Although the package travel industry will be disappointed by the court’s decision, some comments in the judgment may suggest the imposition of a more demanding approach to establishing causation on the evidence. An earlier blog post considered in detail the arguments heard by the Court of Appeal; this post will consider the court’s judgment, handed down earlier today. Continue reading “Wood & Anor v TUI Travel PLC T/A First Choice [2017] EWCA Civ 11 – Package Travel, Food Poisoning, SGSA 1982”

Elkamet Kunststofftechnik GmbH v Saint-Gobain Glass France SA – costs, exchange rates

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

This case concerned a short but important point in relation to the summary assessment of costs in the aftermath of the Brexit vote in June 2016 – namely, the impact of the dramatic decline in the exchange rate between the pound and the euro since the issue of proceedings. Continue reading “Elkamet Kunststofftechnik GmbH v Saint-Gobain Glass France SA – costs, exchange rates”

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. Continue reading “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”

Chelton v Acromas Holidays Ltd t/a Saga Holidays – Package Travel, Local Standards

James Candlin of 12 King’s Bench Walk acted for the Defendant in this action arising out of personal injuries that Mrs Chelton sustained on 26 September 2013 in the course of a river cruise package holiday provided by Saga. Recorder Browne-Wilkinson QC gave judgment dismissing the Claimant’s claim. The case provides a useful illustration of the risk of relying solely upon legal experts at the expense of local specialists in the relevant field when seeking to establish local standards. Continue reading “Chelton v Acromas Holidays Ltd t/a Saga Holidays – Package Travel, Local Standards”

X v Kuoni Travel Limited [2016] EWHC 3090 (QB) – Tour Operator Liability for Rape by Hotel Employee

William Audland QC of 12 King’s Bench Walk and Gary Tweddle of MB Law represented the Defendant in this case where the Claimant, who was raped by an employee of a Sri Lankan Hotel, sued the Defendant tour operator that had organised the package holiday.

The case comment is by John-Paul Swoboda of 12 King’s Bench Walk. Continue reading “X v Kuoni Travel Limited [2016] EWHC 3090 (QB) – Tour Operator Liability for Rape by Hotel Employee”

Wood & Anor v TUI Travel Plc T/A First Choice – Package Travel, Food Poisoning, SGSA 1982

On 22 November 2016, Elizabeth Boulden, a pupil at 12 King’s Bench Walk, attended the hearing at the Court of Appeal of this important case concerning the package tour operator’s liability for food poisoning suffered by customers as a result of defective food and drink supplied in the course of a package holiday. The case could have significant implications for the prevailing Antcliffe and Kempson strict liability reasoning in this area and the arguments aired in the Court of Appeal should therefore be of interest to both tour operators and travel law practitioners. Continue reading “Wood & Anor v TUI Travel Plc T/A First Choice – Package Travel, Food Poisoning, SGSA 1982”

Harry Roberts (A Child) (Claimant) v (1) SSAFA (2) MoD (Defendants/Part 20 Claimants) & Allgemeines Krankenhaus Viersen GMBH (Third Party) [2016] EWHC 2744 (QB): Jurisdiction & the Brussels Recast Regulation

This blog is by Oliver Rudd of 12 King’s Bench Walk

The importance of (i) drafting a properly formulated application notice; and (ii) a thorough consideration of all extant contractual documentation and related evidence were starkly highlighted in this case in which the Court held that it did have jurisdiction to entertain Part 20 proceedings following alleged negligent medical treatment in Germany. The Court also gave useful guidance as to the interpretation of art. 8(2) of Brussels Recast (EU 1215/2012). Continue reading “Harry Roberts (A Child) (Claimant) v (1) SSAFA (2) MoD (Defendants/Part 20 Claimants) & Allgemeines Krankenhaus Viersen GMBH (Third Party) [2016] EWHC 2744 (QB): Jurisdiction & the Brussels Recast Regulation”

R (Gina Miller & Dier Dos Santos) v The Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) (The Brexit Case)

This article is by John-Paul Swoboda of 12 King’s Bench Walk

This case, concerning whether the Executive is entitled to use its prerogative powers to give notice under article 50 for the UK to cease to be a member of EU, is one of the most important legal decisions made during my lifetime. The case is of profound importance for two reasons. Firstly, the decision is of huge constitutional importance as it considers the relationship between parliament and the Executive. Secondly, the decision will, in my opinion, have a profound impact on Brexit. Continue reading “R (Gina Miller & Dier Dos Santos) v The Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) (The Brexit Case)”

FUJIFILM KYOWA KIRIN BIOLOGICS CO LTD v (1) ABBVIE BIOTECHNOLOGY LTD (2) ABBVIE LTD [2016] EWHC 2204 (Pat); Jurisdiction gateways and service out of the jurisdiction

This case comment is by Aliyah Akram of 12 King’s Bench Walk.

In this patents case the High Court gave detailed consideration to the service out of the jurisdiction gateways. Continue reading “FUJIFILM KYOWA KIRIN BIOLOGICS CO LTD v (1) ABBVIE BIOTECHNOLOGY LTD (2) ABBVIE LTD [2016] EWHC 2204 (Pat); Jurisdiction gateways and service out of the jurisdiction”

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”