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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…
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…
Pre-Action Disclosure of Medical Records in Portal Cases
Even in cases where breach of duty and some degree of loss or injury is admitted, Defendants will commonly have doubts about medical causation regarding a claim intimated under the Pre-Action Protocol for Low Value Personal Injury in Road Traffic Accidents from 31 July 2013…
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…
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