This blog is by Oliver Rudd of 12 King’s Bench Walk The importance of (i) drafting a properly formulated application notice; and (ii) a thorough consideration of all extant contractual documentation and related evidence were starkly highlighted in this case in which the Court held that it did have jurisdiction to entertain Part 20 proceedings…
Read moreR (Gina Miller & Dier Dos Santos) v The Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) (The Brexit Case)
This article is by John-Paul Swoboda of 12 King’s Bench Walk This case, concerning whether the Executive is entitled to use its prerogative powers to give notice under article 50 for the UK to cease to be a member of EU, is one of the most important legal decisions made during my lifetime. The case…
Read moreFUJIFILM KYOWA KIRIN BIOLOGICS CO LTD v (1) ABBVIE BIOTECHNOLOGY LTD (2) ABBVIE LTD [2016] EWHC 2204 (Pat); Jurisdiction gateways and service out of the jurisdiction
This case comment is by Aliyah Akram of 12 King’s Bench Walk. In this patents case the High Court gave detailed consideration to the service out of the jurisdiction gateways.
Read moreAir accidents and the production of material gathered by the Air Accident Investigation Branch; R (Secretary of State) v HM Senior Coroner for Norfolk & BAPA [2016] EWHC 2279 & Chief Constable of Sussex Police v Secretary of State for Transport & BAPA [2016] EWHC 2280
This article is by Michael Rawlinson QC and Patrick Vincent of 12 King’s Bench Walk. The Divisional Court has given new guidance to coroners and the police restricting their ability to demand production of material given to the Air Accident Investigation Branch (“AAIB”) whilst discharging their respective fact finding obligations where air crashes had led…
Read moreAl-Saadoon & Others v Secretary of State for Defence [2016] EWCA Civ 811 – ECHR, Jurisdiction, art. 3, art. 5, UNCAT
This blog post is by James Beeton of 12 King’s Bench Walk. This important case considered in detail a number of issues arising under the European Convention on Human Rights (“ECHR”): the scope of the Convention’s extra-territorial effect, investigative obligations under articles 3 and 5, and the impact of the UN Convention Against Torture (“UNCAT”)…
Read more19th Annual PEOPIL Conference
This weekend I attended the 19th annual Pan European Organisation of Personal Injury Lawyers (PEOPIL) conference in Madrid, Spain. This, the annual jamboree for Personal Injury lawyers from across Europe, covered much interesting ground.
Read moreThe Montreal Convention and Psychiatric Harm
This article is by Max Archer of 12 King’s Bench Walk. The article considers the Montreal Convention: the regime governing the liability of air carriers to passengers in international carriage. The Convention is a well-worn route for passengers who have been injured aboard an aeroplane. Max considers the recourse available for claimants who have sustained psychiatric harm.
Read moreMoreno v MIB [2016] UKSC 52 – Applicable law, 4th Motor Insurance Directive, MIB
This case comment is by Patrick Vincent of 12 King’s Bench Walk. The recent decision of the Supreme Court in Moreno has cleared up one – but only one – of the difficulties created by the complicated and fragmented way in which the legislature has attempted to implement the requirements of the EU Motor Insurance Directives.
Read moreSwift & Ors v Fred Olsen Cruise Lines [2016] EWCA Civ 785 – Food Poisoning, Athens Convention, Causation
This case comment is by Alex Carington of 12 King’s Bench Walk. The case is a rare example of the Court of Appeal considering proper approaches to assessment of evidence, breach of duty and causation in the context of an outbreak of illness on a cruise ship.
Read moreBrexit & Conflict of Laws: Part 3
In the final part of this series I look at how English law’s approach to the choice of applicable law may change post Brexit. For historical and political reasons the change may be radical. I conclude this series of blogs by making tentative predictions as to how English law’s approach to the conflict of laws…
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