The judgment of the Court of Appeal in Elysa Alton v Powszechny Zakład Ubezpieczeń [2024] EWCA Civ 1435 (BAILII) serves as something of a cautionary tale and a salutary reminder to Claimant representatives to ensure that their house is in order vis-à-vis cross-border issues before issuing a claim against the insurer of a foreign-registered vehicle….
Read moreWelcome to our new team leader and editor
This month marks two big events for the International and Travel Team at 12KBW. The first is the appointment of James Pickering as the new leader of our team here in chambers. Almost all of you will know James for his 6-year stint as the editor of this blog where his good humour, keen eye…
Read moreBruder v Red Sea Holidays: Expert Evidence in Holiday Sickness Claims post Griffiths v TUI
In this post Robert Oldham considers Bruder v Red Sea Holidays, a recent County Court appeal, which provides a useful early example of the application of the Supreme Court decision of Griffiths v TUI in the context of a holiday sickness claim (for a detailed post on the Supreme Court decision itself, see Peter Hale’s…
Read moreJurisdictional Challenges – Key Takeaways From: Ibrahim v AXA Belgium [2024] EWHC 856 (KB)
The judgment of Master Fontaine in Ibrahim v AXA Belgium [2024] EWHC 856 (KB) makes for useful reading on relief from sanctions applications and jurisdiction challenges. This post was written by Rebecca Henshaw-Keene. The facts: The claim was for damages for personal injury sustained by the Claimant in a road traffic accident in Belgium on…
Read moreOf Spanish Interest (Part 2): Nicholls v Mapfre & Woodward v Mapfre [2024] EWCA Civ 718
On 27 June 2024, the latest instalment of the ‘Spanish Interest’ appeals landed on the desks of cross-border lawyers when the Court of Appeal handed down judgment in the conjoined appeals of Nicholls v Mapfre & Woodward v Mapfre [2024] EWCA Civ 718. In relation to interest, there were two primary issues considered by the…
Read moreSupreme Court rules airlines cannot rely on crew illness to avoid compensation for delayed travellers: Lipton v BA Cityflyer [2024] UKSC 24
The Respondents were represented in the Supreme Court by Michael Rawlinson KC and Corinne Novell of 12KBW, Max Archer (formerly of 12KBW) and Daniel Isenberg of 11KBW instructed by Irwin Mitchell. This post is written by Michael Rawlinson KC and Corinne Novell. The Supreme Court has now handed down Judgment in Lipton v BA Cityflyer [2024] UKSC 24. This…
Read moreCOVID-19 and the right to terminate a package travel contract: two CJEU rulings on the interpretation of Article 12(2) of the Package Travel Directive 2015
In this article, Corinne Novell and Peter Hale cast their minds back to early 2020 and the outbreak of the pandemic in order to comment on two recent judgments of the Court of Justice of the European Union (‘CJEU’). Both decisions, handed down on the same date and by the same chamber of the CJEU,…
Read moreService Out of the Jurisdiction: Szrek & Ors v Div-Ing DOO & Ors [2024] EWHC 219 (KB)
In this post Chris Fleming looks at the recent High Court decision in Szrek & Ors v Div-Ing DOO & Ors [2024] EWHC 219 (KB), in which the Court considered an application for permission to serve a claim form and associated documents on the defendants out of the jurisdiction in a personal injury claim arising…
Read moreThe Hague Convention 2019: Please, Sir, can I have some more …?
Following the publication of the UK government’s response to the consultation which sought views on plans for the UK to become a Contracting Party to the Hague Convention 2019 on Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (“Hague 2019”), the UK government has confirmed that the UK “will sign Hague 2019…
Read moreGriffiths v TUI: Supreme Court Unanimously Allows Appeal
The Supreme Court has handed down its long-awaited judgment in Griffiths v TUI [2023] UKSC 48, an appeal which directly concerns a Package Travel holiday sickness claim but which will also indirectly affect all those who are involved in civil litigation, due to wide ramifications of the Court’s consideration of the issue of uncontroverted expert…
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