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 significant implications for the prevailing Antcliffe and Kempson strict liability reasoning in this area and the arguments aired in the Court of Appeal should therefore be of interest to both tour operators and travel law practitioners. Continue reading Wood & Anor v TUI Travel Plc T/A First Choice – Package Travel, Food Poisoning, SGSA 1982
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 following alleged negligent medical treatment in Germany. The Court also gave useful guidance as to the interpretation of art. 8(2) of Brussels Recast (EU 1215/2012). Continue reading Harry Roberts (A Child) (Claimant) v (1) SSAFA (2) MoD (Defendants/Part 20 Claimants) & Allgemeines Krankenhaus Viersen GMBH (Third Party)  EWHC 2744 (QB): Jurisdiction & the Brussels Recast Regulation
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 is of profound importance for two reasons. Firstly, the decision is of huge constitutional importance as it considers the relationship between parliament and the Executive. Secondly, the decision will, in my opinion, have a profound impact on Brexit. Continue reading R (Gina Miller & Dier Dos Santos) v The Secretary of State for Exiting the European Union  EWHC 2768 (Admin) (The Brexit Case)
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. Continue reading FUJIFILM KYOWA KIRIN BIOLOGICS CO LTD v (1) ABBVIE BIOTECHNOLOGY LTD (2) ABBVIE LTD  EWHC 2204 (Pat); Jurisdiction gateways and service out of the jurisdiction
The Divisional Court has given new guidance to coroners and the police restricting their ability to demand production of material given to the Air Accident Investigation Branch (“AAIB”) whilst discharging their respective fact finding obligations where air crashes had led to death. Continue reading Air accidents and the production of material gathered by the Air Accident Investigation Branch; R (Secretary of State) v HM Senior Coroner for Norfolk & BAPA  EWHC 2279 & Chief Constable of Sussex Police v Secretary of State for Transport & BAPA  EWHC 2280
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”) on investigative obligations under articles 2 and 3. The first part of this article will provide a brief outline of the facts and issues along with a commentary on the judgment; the second will consider the Court of Appeal’s approach to the specific issues in greater detail. Continue reading Al-Saadoon & Others v Secretary of State for Defence  EWCA Civ 811 – ECHR, Jurisdiction, art. 3, art. 5, UNCAT
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. Continue reading 19th Annual PEOPIL Conference