Mann v Towarzystwo Ubezpieczen Inter Polska S.A and Ors is a useful first instance judgment on the assessment of damages arising from negligent cosmetic surgery abroad. The rising trend for such surgery suggests that travel law practitioners are likely to become well versed in claims of this nature. Aliyah Akram acted for the Claimant in…
Read moreRemote Evidence from Overseas
“It is their problem, not yours!” Guidance to judges on parties seeking to adduce remote evidence from overseas issued by the Designated Civil Judge for Hampshire, Wiltshire and the Isle of Wight, quoted in Amanda Seafood PTE Ltd v Sykes Seafood Ltd [2023] EW Misc 13 (CC) Although Sir Julian Flaux issued his Practice Note…
Read moreA New Cause of Action is Born … On the Beach Ltd & Others v Ryanair UK Limited & Others [2023] EWHC 2694 (Comm)
This blog post was written by Patrick Vincent KC and Max Archer. In this action On the Beach Ltd (OTB) and associated companies sought to recover from Ryanair sums for which OTB was liable to its customers pursuant to the Package Travel and Linked Travel Arrangements Regulations 2018 (the PTRs). The judgment determined summary judgment/strike…
Read moreOf Spanish Interest: Nicholls v Mapfre & Woodward v Mapfre [2023] EWHC 1031 (KB)
On Thursday 4th May 2023 Mr Justice Martin Spencer handed down judgment in the conjoined appeals Nicholls v Mapfre & Woodward v Mapfre, adding another appellate decision to the line of cases on the hard fought issue of the correct approach to Spanish Interest in Rome II cases. By way of overview, in both cases…
Read moreThe 12KBW International and Travel Group Seminar: 23rd February 2023
Spencer Turner
The 12 King’s Bench Walk International and Travel Group are hosting an in-person seminar on 23rd February 2023 at The Royal Aeronautical Society, No. 4 Hamilton Place, London. Our members will be speaking on a range of travel law topics and we’re excited to have Navjot Atwal, the newest member of our group, speaking at…
Read moreArthern v Ryanair DAC [2023] EWHC 46 (KC): Oh dear, you’ve slipped on some water and had an …
In this post, John-Paul Swoboda provides his commentary on the recent decision in Arthern v Ryanair DAC [2023] EWHC 46 (KC). When a person slips on some liquid on a floor, whether it be by a poolside, on an aeroplane, or elsewhere we call it is an accident. A slip is, by definition, unexpected. A…
Read moreHappy Holidays from the 12KBW I&T Group
As 2022 comes to an end I wanted to take a brief moment to reflect on a busy year (yes, I know, another one of these ‘year in reviews’) for the 12KBW International and Travel Group. First and foremost, thank you to anyone who reads this blog, shares our posts and engages with the content…
Read moreSSAFA v Allgemeines Krankenhaus Viersen GmbH [2022] UKSC 29: Case Comment
In this latest post Patrick Vincent KC considers the recent decision of the Supreme Court in SSAFA v Allgemeines Krankenhaus Viersen GmbH. The Civil Liability (Contribution) Act 1978 has been good for lawyers. Sections 1 and 2 of this short Act have generated numerous weighty judgments and hundreds of thousands of words of academic commentary….
Read moreSpanish Law: Points of Interest
If the wintery weather has got you dreaming not of a White Christmas, but of warmer climes, then fly away with Peter Hale to sunny Tenerife, as he explores the ‘hot topic’ of penalty interest under Spanish law in the context of two recent decisions: Background As travel practitioners will recall, Article 20 of the…
Read moreService, jurisdiction and forum conveniens post Brexit
The High Court has handed down an interesting judgment on service, jurisdiction and forum conveniens post Brexit. In this post, Alex Carington considers the decision of Master McCloud in Charlton v Deffert [2022] EWHC 2378 (KB) in which he successfully defended a jurisdiction challenge by the Defendant. A copy of the judgment can be found…
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