Judgment was handed down in Haggerty-Garton & Ors v Imperial Chemical Industries Ltd [2021] EWHC 2924 (QB) yesterday following a two-day assessment of damages hearing before Ritchie J. This was an unusual fatal mesothelioma claim where the applicable law was Scots law. Judgment for the First Claimant, Charmaine Haggerty-Garton (the widow), was given in the…
Read moreDefault judgments and invalid service – CPR Part 11 or Part 13?
We previously blogged about the options available to a foreign defendant who wishes to challenge a default judgment entered against them. Where the defendant accepts that they were validly served but wishes to challenge the court’s jurisdiction, they may choose to proceed purely under CPR Part 11 without combining this with an alternative application to…
Read moreBrownlie II mini-series: (2) The tort gateway
This is the second blog in our new series on the Supreme Court’s recent decision in the Brownlie litigation. For a discussion of the background and the key elements of the decision itself, have a look at Peter Hale’s excellent first blog in this series. A reminder that the two issues for the Court to…
Read moreBrownlie II mini-series: (1) The decision
A week ago, the Supreme Court gave its much anticipated second ruling in the Brownlie litigation. The background to this important decision should be familiar by now. Those wanting a refresher can see our earlier blogs on the last Supreme Court decision, the High Court’s decision in the reconstituted litigation, and the Court of Appeal’s…
Read moreCosts capping order refused in Malawian tea plantation litigation
A fascinating costs decision has just been released (please bear with me) in Thomas & Ors v PGI Group Ltd [2021] EWHC 2776 (QB). Kate Boakes is one of the counsel team representing the Claimants. 31 women employed at tea and macadamia nut plantations in Malawi allege sexual assault, harassment, and other types of sexual…
Read moreSupreme Court to rule in Brownlie (again)
A newsflash: the Supreme Court has announced it will be handing down judgment in FS Cairo (Nile Plaza) LLC v Brownlie at 9.45 am on Wednesday 20 October. Watch this space …
Read moreWhen in Rome … Guidance from judges applying Italian law
Two recent decisions – both coincidentally dealing with the application of Italian law in the English courts – have given some useful general indicators about how the courts will approach the determination of disputes concerning foreign law. In River Countess BV & Ors v MSC Cruise Management (UK) Ltd [2021] EWHC 2652 (Admlty), Andrew Baker…
Read moreLocal standards in skiing claims
My thanks to Tom Collins of 1 Chancery Lane for letting me feature this article about a recent package travel case in which he successfully appeared on instructions from Michael Gwilliam of Plexus Legal LLP. The article first appeared in 1 Chancery Lane’s Weekly Roundup, which can be accessed here. In Doyle v Rayburn Tours Limited (Unreported)…
Read moreGriffiths overturned by Court of Appeal majority
In Griffiths v TUI (UK) Ltd [2021] EWCA Civ 1442, the Court of Appeal has handed down judgment on the question of whether the court can evaluate and reject an “uncontroverted” expert’s report, and if so, in what circumstances. The background to this holiday sickness case will by now be familiar to travel lawyers: we…
Read moreCourt of Appeal: strike out stands in Nigerian oil spill “representative action”
The Court of Appeal has upheld a decision that claims pursued in a “representative action” on behalf of over 28,000 members of the Bonga community in Nigeria affected by an oil spill will be struck out. This was a claim on behalf of individuals and communities based on the coast of Nigeria spanning Bayelsa State…
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