SZR v Blackburn with Darwen Borough Council [2024] EWHC 598 (KB)

With CN v Poole Borough Council [2019] UKSC 25 and HXA v Surrey County Council [2023] UKSC 52 having all but closed the door to common law claims (despite the Supreme Court maintaining in HXA that there might be examples of an assumption of responsibility…

The Dekagram: 25th March 2024

Chilton v Payne [2024] EWHC 451 (Admin)  In a case which will be of interest to all practitioners undertaking claims arising out of cosmetic surgery, Henshaw J recently dismissed an appeal in a claim founded on allegedly poorly provided aftercare following abdominoplasty. The Facts The…

Key points in recent Family Law decisions

Appointment of Intermediaries Guidance on the use of intermediaries was given by Lieven J in West Northamptonshire Council v. KA [2024 EWHC 79 (Fam), a case involving a mother described as “profoundly deaf”. A cognitive assessment concluded that the mother did not have a learning…

The Dekagram: 18th March 2024

It’s been a busy week. No sooner had we waved goodbye to Conor Kennedy and Dominique Smith, off to Paris for the Pan European Organisation of Personal Injury Lawyers New Lawyers’ Group Conference, than the Court of Appeal handed down judgment in the appeal in…

The Dekagram: 11th March 2024

This week’s Dekagram brings to our readers’ attention an interesting Court of Appeal decision on incorporation of standard terms via website tickbox – the conclusion seemingly likely to favour those travel agents and tour operators who seek to argue in favour of such incorporation. There…

Hallucinatory Judgments and Automated Vehicles: AI and the law

Artificial Intelligence (AI) is not new and is already an integral part of life for most people: it works with Global Positioning Systems (GPS) to show us the best way to get from A to B and powers the countless Alexas and Siris embedded in…

The Dekagram: 4th March 2024

Enforcement of Judgments Pending Appeal: Motorola Solutions v Hytera Communications [2024] EWHC 149 (Comm) As anticipated, Brexit has made the lives of cross border practitioners far more interesting, and no more so than in connection with enforcement. After all, there’s little point in battling to…

The Dekagram: 26th February 2024

Further confusion reigns this week over additional fees charged to air passengers for de-packaged services ancillary to flights. This time the spotlight is on Wizz Air, the Hungarian low-cost airline. Wizz Air appears to have as many as four different options for flight check-in, each…

The Dekagram: 19th February 2024

Defective Service, and the mandatory provisions of CPR 11 Travel Law practitioners will be familiar with the difficulties involve with service of the claim form out of the jurisdiction, which have been exacerbated post Brexit. The issues of jurisdiction following defective service, and the requirement…

The Dekagram: 12th February 2024

Service and Jurisdiction: Lunn v Antarctic Logistics Centre International [2023] EWHC 2856 (KB) In a recent case it fell to Master Thornett to apply the rules on extension of time for service and for challenging jurisdiction, albeit in an unusual factual context. The facts The…

The Dekagram: 5th February 2024

Solicitors’ Assumption of Responsibility: Miller v Irwin Mitchell LLP [2023] EWCA Civ 53 There was good news for travel solicitors this week, with the Court of Appeal giving judgment for the solicitors in Miller v Irwin Mitchell. The Claimant was injured on a package holiday to…

Secondary Victim Claims – Where are we now?

The Supreme Court decision in Paul v Royal Wolverhampton NHS Trust [2024] UKSC 1 was eagerly anticipated because of the impact it was likely to have on claims arising in a clinical setting.  What was not anticipated was that the Supreme Court would take the…

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