The COVID-19 pandemic has brought about a near complete cessation in tourism across the globe. The effects of this for consumers and commercial parties alike are far-reaching and are likely to continue into the foreseeable future. For commercial bodies operating in the industry and considering their position, force majeure clauses and the doctrine of frustration…
Read moreCoronavirus mini-series: (8) cruises
James Beeton
Cruise ships – with their enclosed areas, increased exposure to new environments, and limited onboard medical resources – were always going to be susceptible to increased risk and rapid spread of SARS-CoV-2, the virus responsible for COVID-19. In this blog, Alex Carington of 12 King’s Bench Walk considers the potential liability of cruise ship operators…
Read moreCoronavirus mini-series: (7) flight delays and cancellations
Since the UK lockdown began five weeks ago, we have been confronted with a steady stream of increasingly dismal updates regarding international air travel. In this blog, Charley Turton of 12 King’s Bench Walk considers the legal position of consumers faced with delayed and cancelled flights, including the pressing issue of whether future travel vouchers…
Read moreUK post-Brexit Lugano accession thrown into doubt
James Beeton
This blog is by Spencer Turner of 12 King’s Bench Walk. The UK Government has outlined its intention to accede to the Lugano Convention post-Brexit. Accession to the Convention would preserve the essentials of the current regime, in that it would provide for a reciprocal arrangement under which English and other European courts would apply…
Read moreConsent to risk and movie stunts: a recent ruling from South Africa
During filming for Resident Evil: The Final Chapter in South Africa, UK-based stuntwoman Olivia Jackson was involved in a serious collision with a camera boom while riding a motorcycle. Ms Jackson suffered a number of serious injuries, including facial scarring, nerve damage and an above-elbow arm amputation. The liability insurance policy for the film did…
Read moreItalian torpedo still applies to Lugano proceedings
James Beeton
The UK recently formally requested accession to the Lugano Convention. This is likely to represent the touchstone for English jurisdiction in the near future. How timely, then, is the judgment of Waksman J last week in Mastermelt Ltd v Siegfried Evionnaz SA [2020] EWHC 927 (QB), which neatly highlights one of the persisting deficiencies of…
Read morePackage travel, aviation, and the role of local law
In Palaiokrassus & Tsakou v Black and Green Trading Limited (Unreported) 7 April 2020, QBD, Master Thornett dismissed an application to set aside default judgment brought under CPR r. 13.9 and r. 3.9. The case concerned claims for personal injuries suffered in an air crash which occurred during a package holiday in Ethiopia. In dismissing…
Read moreCoronavirus mini-series: (6) a big problem for service on EU-domiciled defendants
Last week, we noted that service of documents abroad via the Foreign Process Section of the Royal Courts of Justice had been suspended. The implications of that decision are significant. Specifically, it may cause huge problems for service in cases involving EU-domiciled defendants. On one analysis, it will in some cases be impossible to serve.
Read moreCoronavirus mini-series: (5) holiday refunds and consumer rights
This blog by Cressida Mawdesley-Thomas of 12 King’s Bench Walk highlights that travellers’ rights to refunds under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTR 2018”) have not changed. There has been no official guidance from the European Commission on the Package Travel Directive 2015 in the context of COVID-19. However, the guidance…
Read moreCoronavirus mini-series: (4) Foreign Process Section
Yesterday, Senior Master Fontaine issued guidance in relation to the work of the Foreign Process Section of the Queen’s Bench Division during the coronavirus pandemic. In summary: The FPS is unable to process tracked postal service requests. Service of judicial and extra-judicial documents is suspended. The processing of requests for service of court documents on…
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