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
John-Paul Swoboda
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
John-Paul Swoboda
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…
Read moreBill Kenwright Limited v Flash Entertainment FZ LLC [2016] EWHC 1951 (QB) – Service, Gateways and Forum Non Conveniens
This case comment is by Kate Boakes of 12 King’s Bench Walk. Haddon-Cave J’s judgment sets out practical guidance on issues of jurisdiction, forum non conveniens, contract formation, and alternative service in the context of service out of the jurisdiction.
Read moreBrexit & Conflict of Laws: Part 2
John-Paul Swoboda
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…
Read moreBrexit & Conflict of Laws: Part 1
John-Paul Swoboda
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…
Read moreCommitteri v (1) Club Mediterranée SA (2) Generali Assurances Iard SA [2016] EWHC 1510 (QB) – Package Travel Regulations, Jurisdiction, Rome I, Rome II
James Beeton
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.
Read moreMessage from the Editors
Bienvenido, Willkommen, Bienvenue, स्वागत, Selamat dating, 欢迎光临, أهلاً و سهل In case you are not a polyglot, welcome to the International & Travel Law Blog!
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