As 2022 comes to an end I wanted to take a brief moment to reflect on a busy year (yes, I know, another one of these ‘year in reviews’) for the 12KBW International and Travel Group. First and foremost, thank you to anyone who reads this blog, shares our posts and engages with the content…
Read moreSSAFA v Allgemeines Krankenhaus Viersen GmbH [2022] UKSC 29: Case Comment
In this latest post Patrick Vincent KC considers the recent decision of the Supreme Court in SSAFA v Allgemeines Krankenhaus Viersen GmbH. The Civil Liability (Contribution) Act 1978 has been good for lawyers. Sections 1 and 2 of this short Act have generated numerous weighty judgments and hundreds of thousands of words of academic commentary….
Read moreSpanish Law: Points of Interest
If the wintery weather has got you dreaming not of a White Christmas, but of warmer climes, then fly away with Peter Hale to sunny Tenerife, as he explores the ‘hot topic’ of penalty interest under Spanish law in the context of two recent decisions: Background As travel practitioners will recall, Article 20 of the…
Read moreService, jurisdiction and forum conveniens post Brexit
The High Court has handed down an interesting judgment on service, jurisdiction and forum conveniens post Brexit. In this post, Alex Carington considers the decision of Master McCloud in Charlton v Deffert [2022] EWHC 2378 (KB) in which he successfully defended a jurisdiction challenge by the Defendant. A copy of the judgment can be found…
Read moreLast question
I can’t resist raising a question for discussion that I’ve been thinking about before I retire. Here it is: Do claimants in fatal accident claims governed by a foreign law have QOCS protection?
Read moreWelcome to our new editor
In what is without doubt the biggest resignation news of the last week, I can announce that after six years the time has finally come for me to step down as editor of this blog. Fortunately, there will be no messy contest for my replacement: I’m delighted to hand it over to Spencer Turner. For…
Read moreAppeal succeeds in Scottish fatal diving accident case
Lois Aldred of 12 King’s Bench Walk previously blogged about the decision of the Outer House of the Court of Session in Warner v Scapa Flow Charters. That decision – in favour of the pursuer – has since been overturned by the Inner House. The litigation in summary concerns the standard of care required of the…
Read moreHow do the English courts interpret foreign legal provisions?
Richard Hermer QC (sitting as a High Court Judge) recently gave some helpful practical guidance on how the English courts approach the interpretation of foreign legal materials (for example, building regulations) in Deane v Barker & Ors [2022] EWHC 1523 (QB). The judgment is particularly useful for its clear pointers to lawyers about how an…
Read moreChanges incoming for service gateways
The 149th Practice Direction Update will see some significant changes being made to the CPR 6BPD service gateways with effect from 1 October 2022. The key new provisions (and what they mean in practical terms) are outlined in this blog post.
Read moreCommercial Court Guide ‘essential’ in cases involving foreign law
Today’s blog considers a short but useful decision at a pre-trial review in Suppipat v Narongdej [2022] EWHC 1806 (Comm) (available on Westlaw). This is apparently the first decision applying the detailed provisions of the new Commercial Court Guide on foreign law evidence which we covered in a separate blog post.
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