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The Building Safety Act: 2024 in Review
As we hit the ground running in 2025, the team looks back at some of the key developments of the Building Safety Act (“BSA”) in 2024 and opine on where we may be headed in the future. Building Liability Orders Wilmott Dixon Construction Ltd v…
The Dekagram: 13th January 2025
The holidays are over, and the Dekagram is back! We hope that all our readers have enjoyed a well-earned rest and have returned refreshed and ready for another exciting year of litigating. And what better way to start things off than to attend the Deka…
The Manchester Arena bombing – Limitation periods and the boundaries of the Osman test
In Various Claimants v Security Service & others (2024) UKIPTrib 6 the Investigatory Powers Tribunal (Lord Justice Singh and Mr Justice Farbey) considered an application to extend time under section 7(5) of the Human Rights Act 1998 (mirrored in section 67(5) of the Regulation of…
Schrödinger’s Fact: An Update
This article is co-written by Jack Harding of Deka Chambers and Michael Hagan of Serious Injury Law. This is an edited version of an article the authors originally published in 2022, which we have revisited in light of the recent Court of Appeal decision in…
The Dekagram: 16th December 2024
Christmas is a time for horror stories and mysteries. And so it is that this week we bring you a blood curdling tale of witness mismanagement, with a terrifying denouncement to which anyone proffering expert evidence should pay careful heed. And in other news, for…
The Dekagram: 9th December 2024
This week we welcome our two newest tenants, Julia Brechtelsbauer and Megan Bithel-Vaughan, to the Dekagram family. Working collaboratively, as you have come to expect from Deka Chambers, they have produced a joint article on where the burden of proof lies in quality complaint cases,…
The Dekagram: 2nd December 2024
This week we look at cases on two procedural matters which could be fatal to claims; mispleading, and res judicata. In both instances the claimants’ claims survived intact, but it’s never good to have to rely on the appeal courts to rescue you. Much less…
The Dekagram: 25th November 2024
We hope to see as many of our readers as possible at the APIL International Injuries Conference on Friday 29th, which (naturally) Deka Chambers is sponsoring – so you may be assured of the highest level of merch, including some festive objets d’art provided in…
The Dekagram: 18th November 2024
This week John Schmitt considers a recent case setting out the principles to be exercised when a court is considering ordering a party to do something that may be contrary to foreign law – a situation which occurs with perhaps surprising frequency in the cross…
Determining capacity to litigate in civil proceedings: New recommendations from the Civil Justice Council
The Civil Justice Council has this week published its report on The Procedure for Determining Mental Capacity in Civil Proceedings, with recommendations to codify and overhaul the process for determining litigation capacity in the civil courts. The report is particularly relevant for cases where there…
What is ‘embarking and disembarking’ for the purposes of the Montreal Convention?
A commonly encountered question for those dealing with claims concerning injury suffered by aircraft passengers is whether or not the accident leading to the injury occurred in the course of embarkation or disembarkation. Whilst tempting to think this might be a simple question with a…
The Dekagram: 11th November 2024
This week’s Dekagram is all about cancellations and delays – what happens when a package holiday is cancelled, what happens when a flight is delayed due to the behaviour of a passenger. Both sets of circumstances are giving rise to increasing numbers of claims, in…
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