- Alternative Dispute Resolution
- Civil Fraud
- Clinical Negligence & Healthcare
- Commercial, Chancery & Property
- Court of Protection
- Credit Hire
- Crime
- Family Law
- Financial Crime
- Inquests & Inquiries
- Personal Injury
- Police Law
- Professional Negligence
- Public Sector & Human Rights
- Regulatory & Disciplinary
- Travel & Cross Border Claims
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…
Medical Negligence as a novus actus interveniens
To paraphrase Lady Bracknell, to pay for one catastrophic injury may be regarded as a misfortune; to pay for the consequences of subsequent negligent medical treatment looks like carelessness. All personal injury practitioners will be familiar with a variant on this theme – the man…
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…
The Dekagram: 2nd April 2024
Rainer Hughes Solicitors v Liverpool Victoria Insurance Co Ltd, Karadag, Ilieva [2024] EWHC 585 (KB) In a recent case Martin Spencer J dismissed an appeal from His Honour Judge Monty KC, who (it was held) had been entitled to order a firm of solicitors to…
Tomlinson Twenty Years On: Duty and Obvious Risk
The duty to warn guests of risks seen (with the benefit of hindsight) as being obvious has evolved significantly over the twenty years since the House of Lords (as it then was) handed down judgment in the seminal case of Tomlinson v Congleton BC [2003]…
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…
Subscribe to our mailing list
Deka Chambers: 5 Norwich Street, London EC4A 1DR
- T +44 (0)20 7832 0500
- E clerks@dekachambers.com
- DX LDE 439
