Thomas Cook mini-series – (2) Alternative avenues for claimants

This blog by Philip Mead forms part of a series on the aftermath of the collapse of the package holiday provider Thomas Cook. A previous blog covers the rights of injured claimants to pursue a remedy where a purchase was made with a credit card. Philip assesses other possible avenues against alternative defendants. Continue reading Thomas Cook mini-series – (2) Alternative avenues for claimants

Keefe question to go back to CJEU

In Cole and Others v IVI Madrid SL and Zurich Insurance Plc (Unreported) QBD, 24 September 2019, the court decided to refer to the CJEU the question of whether it was a requirement of art. 13(3) that, for an injured person to make a parasitic claim against the insured, the claim against the insured had to involve “a matter relating to insurance”.

The law in this important area has been in a state of flux since the parties to the litigation in Hoteles Pinero Canarias SL v Keefe [2015] EWCA Civ 598 compromised their dispute after the Supreme Court had referred the issue to the CJEU (Case C-491/17) but before the CJEU was able to give a response. The outcome of these proceedings may therefore prove highly significant for cross-border personal injuries practitioners. Continue reading Keefe question to go back to CJEU

The English Bar: reflections from Ljubljana

This blog post is by Domen Turšič, who recently visited 12 KBW as a Pegasus Scholar. Domen studied law at the Universities of Ljubljana and Cambridge and is about to start a PhD on the circumstances precluding wrongfulness in international investment arbitration. In this blog, he reflects on some of the differences of approach between the legal systems in Slovenia and in England and Wales. Continue reading The English Bar: reflections from Ljubljana

Slips, trips, and the Montreal Convention – what’s the position?

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

In Labbadia v Alitalia (Societa Aerea Italiana S.p.A) [2019] EWHC 2103, Margaret Obi, sitting as a Deputy High Court Judge, ruled on whether a slipping incident that took place as the Claimant disembarked from the Defendant’s flight was an ‘accident’ within the meaning of art. 17 of the Montreal Convention 1999.

The case provides a useful starting point for analysis of the particular issues associated with slipping and tripping cases under the Convention. These issues are considered in this blog post. Continue reading Slips, trips, and the Montreal Convention – what’s the position?

Latest news in X v Kuoni Travel Ltd (ABTA intervening) [2019] UKSC 37: interim judgment handed down by Supreme Court

The Supreme Court has today handed down an interim judgment in X v Kuoni Travel Ltd (ABTA intervening).

The effect of the judgment is to make a preliminary reference to the Court of Justice of the European Union (CJEU) requesting clarification of principles of EU law.

The response of the CJEU will determine the approach that is appropriate to package travel cases brought under the 1992 Regulations concerning criminal acts by employees of hotels and other suppliers of holiday services.

William Audland QC, Nina Ross and Achas Burin of 12 King’s Bench Walk appear in the case on behalf of the Respondent upon instructions from Gary Tweddle at MB Law.

The interim judgment can be found here: https://www.supremecourt.uk/cases/docs/uksc-2018-0102-judgment.pdf

The Supreme Court press release can be found here: https://www.supremecourt.uk/cases/docs/uksc-2018-0102-press-summary.pdf Continue reading Latest news in X v Kuoni Travel Ltd (ABTA intervening) [2019] UKSC 37: interim judgment handed down by Supreme Court