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News & Events


Highways: the ‘rule of thumb’

This is the first in a series of short articles which delve into some of the lesser-known authorities relating to the Highway Authority’s duty to maintain the highway under the Highways Act 1980. That duty is of course now contained in section…

The Dekagram 30th January 2023

In this week’s Dekagram we consider recent cases which raise some urgent questions around how the QOCS and whiplash tariff systems are working. And speaking of urgent questions, we encourage readers to get their questions on health tourism and cross border clinical…

The interpretation of the word ‘Accident’ within the meaning of the Montreal Convention: the Decision in Arthern v Ryanair DAC [2023] 46 (KB)

In a recent decision on appeal Farbey J reconsidered the approach to be taken to the interpretation of the word ‘accident’ within the meaning of Article 17 of the Montreal Convention on the Carriage of Passengers by Air.

The Court reviewed the…

Recent Court of Appeal Personal Injury Decisions

Excalibur & Keswick Groundworks Ltd v McDonald [2023] EWCA Civ 18

The issue

How to approach setting aside of a Notice of Discontinuance pursuant to CPR 38.4 and the interpretation of the phrase “likely to obstruct the just disposal of the proceedings”,…

The Dekagram 23rd January 2023

It’s been another busy week at the coalface. The High Court, in Arthern v Ryanair [2023] EWHC 46 (KB), gave further guidance on the interpretation of ‘accident’ within the meaning of the Montreal Convention, together with an exposition on how the domestic…

The Dekagram 16th January 2023

This week’s Dekagram reflects the wide range of legal questions the team deals with as part of international practice. First, Thomas Jones considers a recent case on the protection of vulnerable adults resident outside the jurisdiction; then, Jeremy Ford asks when a…

The Dekagram 9th January 2023

The Dekagram is back! After an all-too-brief Christmas holiday, the travel and cross border team has returned to keep our readers up to date on the activities of the courts and legislature in our field. And there is much to report. For…

CCMCs in cross-border cases

In cross-border multi-track cases, CCMCs are likely to require some more careful thought and preparation than in comparison with a CCMC in a standard personal injury or clinical negligence claim. Cross-border claims are often governed by local standards in a different jurisdiction,…

The Role of Expert Witnesses in Consent Cases

It is now seven years since the Supreme Court handed down judgment in Montgomery v Lanarkshire Health Board [2015] AC 1430, and although that judgment has significantly changed the legal framework underpinning informed consent claims, the presentation of expert evidence in such…

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