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Schrödinger’s Fact

This article is co-written by Jack Harding of Deka Chambers and Michael Hagan of

When cross border practitioners can get around Brexit (and when they can’t): Cooper v Freedom Travel Group and Bank of Scotland (Halifax) [2022] EWCA Civ 1557

On 31st December 2020, the UK-EU transition period ended. This meant that the recast Brussels Convention ceased to apply. The English courts now apply the jurisdictional rules under CPR 6.36 to such cross-border claims, with the result that a would-be claimant must…

Deka Briefing: Workplace Liabilities

Deka Chambers is a pre-eminent common law Set.  We are proud of the range of market leading expertise we offer across our different practice areas. At the heart of our ethos is celebrating those things that connect us as well as championing…

The Dekagram 5th December 2022

This week the team has been reflecting on a recent Court of Appeal case which turned out to be something of an evidential surprise; and on issues around disability and handicap on the open labour market. Both areas in which uncertainty is…

The Dekagram 28th November 2022

Following the collapse of Thomas Cook we brought a number of claims under s.75 of the Consumer Credit Act 1974 against credit card suppliers in relation to the tour operator’s alleged breach of contract. All very satisfactory, and a neat way of…

The Dekagram 21st November 2022

We bring you news this week of two further awards now adorning the Deka trophy cabinet, the importance of which can hardly be overstated. Laura Begley won the Chambers & Partners Personal Injury Junior of the Year award on Thursday; and no…

Psychological injury and the Montreal Convention – A step too far?

Jack Harding examines another decision by the Court of Justice of the European Union expanding the reach of the Montreal Convention, hot on the heels of his

The Dekagram 14th November 2022

As well as the Deka Legal Bake, last week witnessed the publication of the updated ASHE and a further judgment on the subject of jurisdiction, which seems to be a growth area in satellite litigation, perhaps unsurprisingly given the effect of Exit…

Heading the Ball: Part of the Game or an Industrial Disease

With news hot off the press on Friday 11th November 2022 that thirty former professional footballer players intend to send a Letter of Claim to the Football Association, The Welsh FA and IFAB alleging negligence that heading of the football has caused…

Sports Law Update: Moskowitz v Detox Club 2022 ONSC 4063

Introduction

Allegations of negligence against sports instructors often contend that there has a been a failure to warn of specific risks. This can be a powerful argument, particularly where it is agreed that there was no such warning. In

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