The Dekagram: 3rd June 2024

This week’s Dekagram is an update on the factors the court is likely to take into account when considering whether to allow a party to call witness evidence by way of videolink – and a reminder that obtaining permission to do so is far from…

The Dekagram: 28th May 2024

In this week’s Dekagram we bring news of a case involving accusations and counter-accusations, a reminder that when litigating whatever you write or say, you must be prepared to have it read out in the Court of Appeal to an unimpressed Lady Chief Justice. Our…

Consultation Paper Seeks Reform of Limitation Law in Child Sexual Abuse Cases

The Ministry of Justice has released a consultation paper seeking views on potential reforms to the law of limitation in child sexual abuse cases in England and Wales. Under the current law, child sexual abuse cases in civil courts are subject to the same three-year…

The Dekagram: 20th May 2024

We trust that our readers have been enjoying the Spring sunshine; the team have spent their time in the sun wisely, reading cases so you don’t have to. First we noted a decision which considers the interplay between English and Scottish guardianship; secondly we read…

The Dekagram: 13th May 2024

Last week brought the news that the Australian airline Qantas and the Australian Competition and Consumer Commission have agreed to resolve their dispute over cancelled flights by asking the court to impose a $100 million fine, together with an undertaking by the airline to pay…

The Dekagram: 7th May 2024

This week Anirudh Mandagere looks at the application of the decision of the Supreme Court in TUI v Griffiths; and Julia Brechtelsbauer looks at the reforms under way to the Package Travel and Linked Travel Arrangements Regulations 2018. It seems likely that both Griffiths and…

The Dekagram: 29th April 2024

This week’s Dekagram sees the team in action on all fronts, both in applying and in making the law. Sarah Prager reports on a cancellation claim decision from the Court of Appeal and on the recent Symposium on Air Accessibility, attended by all the great…

Withholding Disclosure in Family Cases: T (Children: Non-Disclosure) [2024] EWCA Civ 241

This case concerned an appeal which overturned Mr Justice Francis’ decision to withhold disclosure of a child’s mental health struggles from their father.  Factual and Procedural History This appeal arose in the context of private law dispute involving two children, aged 12 and 8. In…

The Dekagram: 22nd April 2024

We’ve said it before, and no doubt will again: you wait ages for a jurisdiction challenge to come along, and then a bunch of them come along at once. The post-Brexit avalanche of challenges continues unabated, this week seeing cases involving highly unusual facts from…

When is it substantially unjust to deny a dishonest Claimant their damages? 

To date, and perhaps surprisingly, there has been very little attempt by the Courts to grapple with this vexing question when considering whether to impose the consequences of a finding of fundamental dishonesty pursuant to s57 of the Criminal Justice and Courts Act 2015.  The…

The Dekagram: 15th April 2024

Two interesting legal developments caught our eye this week: the first relates to the extent of the duty in swimming pool drowning cases, and the second to claims infected by fundamental dishonesty. James Byrne has written about the latter here – When is it substantially…

The Dekagram: 8th April 2024

This week we bring you news of one of those applications that has it all – a jurisdictional challenge, a dispute over standing, and an objection to substitution of a party. When sorrows come, they come not in single spies, but in battalions, as good…

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