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The Dekagram: 29th July 2024
Now that the summer seems to be under way at last, the team has dispersed to go crabbing in Skegness, paddling in Bridlington, and of course sampling the amuses on Clacton pier. But before we packed our branded Dekachairs and parasols, we found time for…
The Dekagram: 22nd July 2024
This week we look at service of documents, and in particularly originating process and notices to prove documents – what happens when (against our advice) you leave service to the last minute? Spoiler: no good can come of it. On the other hand, if you…
Lipton and Another v BA Cityflyer Limited [2024] UKSC 24: Denied Boarding, and Brexit Rules of Engagement
In a recent decision the Supreme Court gave guidance as to the interpretation of Regulation (EC) 261/2004 (almost universally – but not in the Supreme Court – known as ‘the Denied Boarding Regulation’), and in doing so, set out a handy guide for practitioners on…
The Dekagram: 15th July 2024
This week we examine the perils inherent in issuing proceedings at the last minute, especially when dealing with the e-filing system implemented in order to make all of our lives easier. As always, the team’s advice is: don’t do it, it’ll end in tears. And…
The Dekagram: 8th July 2024
This week the team has taken time out of its celebrations marking Matthew Chapman KC and Sarah Prager KC’s victories in the latest cases on Spanish penalty interest and the Montreal Convention respectively, to consider what can be done where a claimant refuses to undergo…
Ski Team4 v Governors of St John Fisher & St Thomas More Catholic High School, Holy Cross Catholic School Governors: The Latest Salvo in the School Trip Cancellation Wars
Readers will be aware from previous briefings of the ongoing litigation between various schools, insurers, and travel companies regarding the cancellation of numerous school trips in 2020 and 2021 due to the Covid-19 pandemic and the measures taken to contain it. In a recent decision…
Wuchner v British Airways Plc [2024]: A Rare Case on the Operation of the Montreal Convention Limit on Liability
In a recent decision His Honour Judge Saunders gave guidance as to the operation of the Montreal Convention where an accident is known to have occurred, but the Defendant raises the issues of contributory negligence and limitation of liability. The facts The claim arose out…
The Dekagram: 1st July 2024
This week’s Dekagram features two warnings: the first relates to the wisdom or otherwise of relying on dishonest witnesses, never a good idea, whilst the second warns us of the consequences of failure to attend hearings, a more complex procedural area than you might at…
Case Note: Nicholls & Anr v Mapfre [2024] EWCA Civ. Spanish Interest Awards and Subrogated Loss
Background & issues The judgment of the Court of Appeal was handed down on Thursday 27 June 2024 in three conjoined appeals. The Appellant in each case (and Defendant at first instance) was a Spanish insurance company (Mapfre) sued (in direct right pursuant to Spanish…
The Dekagram: 24th June 2024
This week we bring news of another case on choice of law, this time in the context of a multiparty road traffic accident occurring in England. The judgment provides a useful reminder of how Article 4 of the Rome II Regulation operates. And there’s been…
The Dekagram: 17th June 2024
This week’s Dekagram features a case involving an optimistic English claimant seeking to have his claim against an English defendant determined by the Spanish courts. It will be of interest to anyone advising on or litigating claims with a foreign element arising out of consumer…
The Contaminated Blood Scandal: Part 1 – the background
In the 1970’s the NHS had an almost insatiable need for blood. New treatments needed large quantities of “hema” and a scientific discovery gave a group of sick individuals a reprieve (or so they thought) from their suffering. Haemophiliacs lack a specific protein, factor…
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