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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…
The Dekagram: 4th November 2024
This week on Halloween we scared ourselves by reading judges’ comments on the late provision of skeleton arguments and on when and if remote hearings are appropriate; and considered a case involving Thomas Cook Airlines, reaching out from beyond the grave and seeking orders concerning…
The Dekagram: 28th October 2024
This week the High Court gave further guidance as to the measures to be adopted when taking evidence from vulnerable witnesses, drawing a clear distinction between the approach taken by the criminal, family and civil courts; a useful reminder that the court systems, although interconnected,…
The Dekagram: 21st October 2024
Another week, another heartfelt thank you from the team for our readers’ support during the Directory Submissions Season – this time for references to Chambers & Partners, which have seen us ranked as a Band 1 set in Travel: Personal Injury, with four ranked silks…
The Dekagram: 14th October 2024
Last week we brought you news of two cases in which the jurisdiction of the court was challenged – one a ‘pure’ jurisdictional challenge, the other on the basis of failure to serve originating proceedings. And such cases seem to come along with distressing regularity;…
Steven Wilson v The Ministry of Justice [2024] EWHC 2389 (KB)
On 20th September 2024 HHJ Melissa Clarke, sitting as a High Court Judge, handed down Judgment in this case. Giles Mooney KC, instructed by Angela Batchelor of Irwin Mitchell, appeared for Mr Wilson at the quantum trial which had been heard over 5 days in…
The Dekagram: 7th October 2024
Once again this week we find ourselves in the position of thanking our readers for their kind words about us to the directories. In the recently published edition of the Legal 500 members of the team are listed in Aviation and Travel and in Personal…
Defending Data Protection Claims brought under the ECHR
Data protection claims brought under the ECHR are likely to increase over the next five years. The introduction of the extended fixed costs regime on 1st October 2023 specifically carved out an exception for claims which included a cause of action under the ECHR. Accordingly,…
The Dekagram: 30th September 2024
The big news from last week was the alteration of the discount rates in Scotland and Northern Ireland, both now standing at +0.5%. The Scottish rate was increased from -0.75%, and the Northern Irish rate from -1.5%. The results of the reviews undertaken in different…
The Dekagram: 23rd September 2024
Think my claim’s hopeless? So what? – ADR becomes the rule, not the exception From 1 October 2024, a raft of changes to the Civil Procedure Rules (CPR) will usher in a new era of mandatory Alternative Dispute Resolution (ADR) in civil litigation. The 171st…
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