The Dekagram: 18th December 2023

It’s almost impossible to believe it, but this is the last Dekagram of the year. We’d like to wish our readers a very Merry Christmas and a Happy New Year, and to thank them for their support and companionship over 2023. We look forward to…

The Dekagram: 11th December 2023

This week’s Dekagram focusses on the European Commission’s proposals for reforming the Package Travel Directive from which the UK’s Package Travel and Linked Travel Arrangements Regulations 2018 derived. Whilst not strictly speaking directly relevant to the UK’s forthcoming reforms, the EU’s decisionmaking around such thorny…

Indivisible Injury and the Material Contribution Test

Summary 1. In Michael Holmes v Poeton Holdings Ltd [2023] EWCA Civ 1377 the Court of Appeal, in something of a tour d’horizon of the relevant authorities, revisited the “material contribution” test in the context of an indivisible disease or injury – that is an…

The Dekagram: 4th December 2023

Whistlestop Tour of Griffiths v Tui (in case you missed it) Last Wednesday, the Supreme Court handed down judgment in Griffiths v TUI [2023] UKSC 48. Dominique Smith wrote a detailed analysis that same day, providing salient commentary valuable for travel and PI practitioners alike….

A change in the PI landscape: the Supreme Court’s decision in TUI v Griffiths [2023] UKSC 48

Today, the Supreme Court handed down their judgment in the long-running case of Griffiths, in which Mr Griffiths was somewhat unsurprisingly victorious. This is a judgment that is not only of importance to travel lawyers, but to all those working across the personal injury sphere….

The Dekagram: 20th November 2023

We were interested to see this week that Vos MR has publicly accepted the recommendations of the Civil Justice Council’s costs review; and where better to start than in increasing guideline hourly rates? The current rates, which date from 2021, will be uplifted on 1st…

The Dekagram: 13th November 2023

We woke to the news that the Icelandic authorities have warned of an imminent volcanic eruption, predicted to emanate from the Fagradalsfjall volcano, which has emitted around a thousand tremors since midnight. But those of us who remember the last European ash cloud  have no…

The Dekagram: 6th November 2023

As you know, we keep a weather eye on what’s going on in other jurisdictions; often developments internationally can inform and sometimes even influence our own domestic law. We wonder whether the recent increase in the personal injury discount rate from -0.25% to 1% might…

When is a settlement not a settlement?

The application of contractual principles to settlement offers What can temper the gratification of finally settling a case? Perhaps only the realisation that the settlement terms are not what you thought they were. Two examples of mistakes being made in the settlement process have recently…

The Dekagram: 30th October 2023

Another week, another call for evidence. This time it’s the Justice Committee, seeking evidence to inform its inquiry on the work of the County Court, whether the delay in hearing cases is having a detrimental effect on the administration of justice and on litigants themselves,…

The Dekagram: 23rd October 2023

As we’ve remarked before, it’s a quirky feature of travel and cross border claims that you wait ages for, say, a decision on jurisdiction, and then three or four come along at once. This week Francesca Kolar looks at two remarkably similar cases on Torpedoes,…

The Dekagram: 16th October 2023

This week’s Dekagram examines whether, and when, service of a claim form can be validly effected on an erroneous address; Lucy Lodewyke looks at an unusual case in which service under CPR Part 6.15 was authorised. Meanwhile, the presumption that foreign law is similar to…

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