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Defending Data Protection Claims brought under the ECHR
Data protection claims brought under the ECHR are likely to increase over the next five years. The introduction of the extended fixed costs regime on 1st October 2023 specifically carved out an exception for claims which included a cause of action under the ECHR. Accordingly,…
The Dekagram: 30th September 2024
The big news from last week was the alteration of the discount rates in Scotland and Northern Ireland, both now standing at +0.5%. The Scottish rate was increased from -0.75%, and the Northern Irish rate from -1.5%. The results of the reviews undertaken in different…
The Dekagram: 23rd September 2024
Think my claim’s hopeless? So what? – ADR becomes the rule, not the exception From 1 October 2024, a raft of changes to the Civil Procedure Rules (CPR) will usher in a new era of mandatory Alternative Dispute Resolution (ADR) in civil litigation. The 171st…
The Dekagram: 16th September 2024
This week the team turns its attention to flying for leisure, and in particular the Regulation 12 right to a refund – and, perhaps more esoterically, whether such flights can ever be justified at all. We do hope so, because we will be flying to…
The Dekagram: 9th September 2024
The team has returned from holiday, relaxed, refreshed and ready to go; we hope our readers are feeling similarly rejuvenated. In our absence, the courts have been busily handing down judgments left, right and centre. Challenging Jurisdiction In Graham v Fidelidade [2024] EWHC 2010 (KB)…
The latest in striking out failure to remove claims
Just a few months after judgment in SZR v Blackburn with Darwen Borough Council [2024] EWHC 598 (KB) was handed down, EXE v City of Bradford Metropolitan District Council [2024] EW Misc 20 (CC) is another example of a failed application for strike out/summary judgment…
The Dekagram: 29th July 2024
Now that the summer seems to be under way at last, the team has dispersed to go crabbing in Skegness, paddling in Bridlington, and of course sampling the amuses on Clacton pier. But before we packed our branded Dekachairs and parasols, we found time for…
The Dekagram: 22nd July 2024
This week we look at service of documents, and in particularly originating process and notices to prove documents – what happens when (against our advice) you leave service to the last minute? Spoiler: no good can come of it. On the other hand, if you…
Lipton and Another v BA Cityflyer Limited [2024] UKSC 24: Denied Boarding, and Brexit Rules of Engagement
In a recent decision the Supreme Court gave guidance as to the interpretation of Regulation (EC) 261/2004 (almost universally – but not in the Supreme Court – known as ‘the Denied Boarding Regulation’), and in doing so, set out a handy guide for practitioners on…
The Dekagram: 15th July 2024
This week we examine the perils inherent in issuing proceedings at the last minute, especially when dealing with the e-filing system implemented in order to make all of our lives easier. As always, the team’s advice is: don’t do it, it’ll end in tears. And…
The Dekagram: 8th July 2024
This week the team has taken time out of its celebrations marking Matthew Chapman KC and Sarah Prager KC’s victories in the latest cases on Spanish penalty interest and the Montreal Convention respectively, to consider what can be done where a claimant refuses to undergo…
Ski Team4 v Governors of St John Fisher & St Thomas More Catholic High School, Holy Cross Catholic School Governors: The Latest Salvo in the School Trip Cancellation Wars
Readers will be aware from previous briefings of the ongoing litigation between various schools, insurers, and travel companies regarding the cancellation of numerous school trips in 2020 and 2021 due to the Covid-19 pandemic and the measures taken to contain it. In a recent decision…
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