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Special Briefing: Foreign Rules in the English Courts
In the post-Brexit era the courts of England and Wales have been faced with a tsunami of claims issued on the cusp of Brexit Day. A number of recent developments raise some intriguing questions about the interface between substantive law and procedure; and about how the courts can and should exercise their discretion in applying foreign rules in the assessment of damages. Matthew Chapman QC and Ella Davis consider the applicability of Spanish rules on the assessment of interest on damages, while Sarah Prager looks at the recent Monitoring Report on the ‘new’ Baremo tables, and asks whether it can be considered in the exercise of the court’s discretion in assessing damages.
Read the TATLA Newsletter in full here.
Latest News & Events
Success for Andrew Warnock KC, Jack Harding and Gurion Taussig in the Supreme Court
The Supreme Court has ruled that claims for compensation by a man who killed three people, but was acquitted by a jury in the Crown Court on the grounds of insanity, are barred by the doctrine of illegality. The Claimant, Mr Lewis-Ranwell, sought damages from…
The Dekagram: 19th January 2026
In this week’s Dekagram Dominique Smith examines a recent decision of the Court of Appeal considering and endorsing 90:10 split liability offers (contrary to the received wisdom following the decision of the High Court in Mundy v TUI [2023] EWHC 385 (Ch); and Robbie Parkin…
Kerry Nicholson writes about Paul v Royal Wolverhampton NHS Trust and the implications for secondary victims in cross border cases for the Journal of Personal Injury Law
Kerry analyses Paul v Royal Wolverhampton NHS Trust and the Supreme Court’s attempt to impose coherence on decades of caselaw from McLoughlin, Alcock and Frost through Walters, Shorter and Ronayne. She then asks the hard question for modern travel law practitioners: what, if anything, can claimants do…
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