The blog is by David Green of 12 King’s Bench Walk. Cranston J refused permission to appeal against Dingemans J’s judgment in Marshall v the MIB, Pickard and others [2015] EWHC 3421 (QB) on an important point of construction of Article 4 of the Rome II Regulations.
Read moreWood & Anor v TUI Travel PLC T/A First Choice [2017] EWCA Civ 11 – Package Travel, Food Poisoning, SGSA 1982
James Beeton
This blog post is by James Beeton of 12 King’s Bench Walk. This important package travel case represents a significant coup for claimants in the context of food poisoning cases. Although the package travel industry will be disappointed by the court’s decision, some comments in the judgment may suggest the imposition of a more demanding…
Read moreElkamet Kunststofftechnik GmbH v Saint-Gobain Glass France SA – costs, exchange rates
This blog post is by James Beeton of 12 King’s Bench Walk. This case concerned a short but important point in relation to the summary assessment of costs in the aftermath of the Brexit vote in June 2016 – namely, the impact of the dramatic decline in the exchange rate between the pound and the…
Read moreKXL (1) NXR (2) MXD (3) v Nicholas Murphy (1) The Society of Missionaries of Africa (“The White Fathers”) (2) [2016] EWHC 3102 (QB) – Applicable law and foreign limitation periods
This case concerned allegations of historic sexual abuse against three claimants who at the time of the alleged abuse were children living in Uganda. The preliminary issue before the court was a matter of applicable law: whether the Ugandan limitation period applied so that the claim was statue barred.
Read moreChelton v Acromas Holidays Ltd t/a Saga Holidays – Package Travel, Local Standards
James Candlin of 12 King’s Bench Walk acted for the Defendant in this action arising out of personal injuries that Mrs Chelton sustained on 26 September 2013 in the course of a river cruise package holiday provided by Saga. Recorder Browne-Wilkinson QC gave judgment dismissing the Claimant’s claim. The case provides a useful illustration of the…
Read moreX v Kuoni Travel Limited [2016] EWHC 3090 (QB) – Tour Operator Liability for Rape by Hotel Employee
William Audland QC of 12 King’s Bench Walk and Gary Tweddle of MB Law represented the Defendant in this case where the Claimant, who was raped by an employee of a Sri Lankan Hotel, sued the Defendant tour operator that had organised the package holiday. The case comment is by John-Paul Swoboda of 12 King’s Bench…
Read moreWood & Anor v TUI Travel Plc T/A First Choice – Package Travel, Food Poisoning, SGSA 1982
James Beeton
On 22 November 2016, Elizabeth Boulden, a pupil at 12 King’s Bench Walk, attended the hearing at the Court of Appeal of this important case concerning the package tour operator’s liability for food poisoning suffered by customers as a result of defective food and drink supplied in the course of a package holiday. The case could have…
Read moreHarry Roberts (A Child) (Claimant) v (1) SSAFA (2) MoD (Defendants/Part 20 Claimants) & Allgemeines Krankenhaus Viersen GMBH (Third Party) [2016] EWHC 2744 (QB): Jurisdiction & the Brussels Recast Regulation
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.
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