The International & Travel team at 12 KBW recently produced a Middle-East Newsletter containing a number of articles that may also interest the readers of this blog.
The articles concern the 2017 Gulf crisis and its impact on regional aviation, the Package Travel and Linked Travel Arrangements Regulations 2018, delayed and cancelled flight claims, and DIFC employment law.
The Newsletter is available at the link below:
Mark Fanning of Miles Fanning Legal writes, in this guest blog, about his recent success in Philip Clay v TUI UK Ltd [2018] EWCA Civ where Ronald Walker QC of 12 King’s Bench Walk and Mark Fanning represented the Respondent.
The Court of Appeal gave judgment in favour of the Respondent in an interesting case considering the liability of a tour operator under the Package Travel, Package Holidays, and Package Tours Regulations 1992 (the “Package Travel Regulations”) for injury to the Appellant after a balcony fall. Continue reading Novus Actus – Risk vs. Inconvenience – Philip Clay v TUI UK Ltd [2018] EWCA Civ
This interesting blog post by Helen Waller a pupil barrister at 12 King’s Bench Walk considers in depth the legal analysis in the Iraqi Civilian Litigation. Continue reading Quantifying damages for human rights abuses by the MoD in Iraq (1) Alseran (2) Al-Waheed (3) MRE (4) KSU v Ministry of Defence [2017] EWHC 3289 (QB): aka Iraqi Civilian Litigation
In this blog post, James Beeton of 12 King’s Bench Walk sets out the key features of the new Pre-action Protocol for the Resolution of Package Travel Claims. The main points to note are: (i) the extension to gastric illness claims of the fixed recoverable costs regime in Part 45, (ii) a prescriptive system of claims notification and response, (iii) accelerated disclosure obligations (including potentially onerous disclosure requirements on defendants) and (iv) confirmation that an expert medical report from a GP followed by Part 35 questions is likely to continue to represent the totality of the expert evidence in the vast majority of cases. Continue reading The Package Travel Pre-action Protocol – Headlines for Practitioners
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 has become resident in England, which law is applicable to determine the admissibility of claims for damages made by his executors and relatives after his death? Continue reading Asbestos Exposure and Choice of Law – The View from Scotland
In this blog Max Archer of 12 King’s Bench Walk analyses the recent decision of the Court of Appeal in X v Kuoni Travel Ltd [2018] EWCA Civ 938 which assesses the boundaries of tour operator contractual liability where the Package Travel Regulations apply. Continue reading X v Kuoni [2018] EWCA Civ 938 – the limits of tour operator liability
This blog post is by James Beeton of 12 King’s Bench Walk.
James looks at the effect of the recently released draft of the new Package Travel and Linked Travel Arrangements Regulations 2018. In substance, the Regulations implement the provisions of the New Package Travel Directive (Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC).
The key points for personal injury practitioners are as follow. Continue reading The Package Travel Regulations 2018: Key Points for PI Lawyers
