Al-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”)…

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19th 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.

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The 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.

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Brexit & 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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Brexit & Conflict of Laws: Part 2

To understand how the situation might change post Brexit, one first has to consider the status quo. Council Regulation (EC) No 1215/2012, aka Brussels Recast, aka Judgment Regulation Recast, aka Brussels II, determines matters of jurisdiction for EU members apart from Denmark who opted out of the Regulation. As an EU regulation, Brussels II has…

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Brexit & Conflict of Laws: Part 1

Uncertainty flourishes in post-Brexit Britain. What deal will Britain strike with the rest of the EU? Or, for that matter, will Britain strike a deal with the EU? How will the government manage to negotiate a deal to retain access to the single market and restrict free movement of people? These huge political, social, economic…

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Committeri v (1) Club Mediterranée SA (2) Generali Assurances Iard SA [2016] EWHC 1510 (QB) – Package Travel Regulations, Jurisdiction, Rome I, Rome II

This blog post is by James Beeton of 12 King’s Bench Walk. This interesting jurisdictional dispute involved an examination of the nature of a package tour operator’s duty of care – is the duty contractual or non-contractual? The answer to this question raised corresponding issues as to the applicability and effect of Rome I and II.

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