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Tearing up the definition of ‘accident’ under the Montreal Convention – The judgment of the CJEU in JR v Austrian Airlines

If an airline passenger slips, trips and falls during the course of a flight, or during embarkation or disembarkation, but there is no identifiable external cause of the fall, has an accident occurred for the purposes of the Montreal Convention 1999?

In…

Recent High Court guidance on Fundamental Dishonesty

Jenkinson v Robertson [2022] EWHC 756 (Admin)

Issue

What constitutes procedurally fair “adequate notice” of an allegation of fundamental dishonesty (“FD”)

Brief facts

The first instance judge found the Claimant, a litigant in person allegedly injured in a road traffic accident in 2013,…

The Weekly Roundup: The Establishing Jurisdiction Edition

This week the team has found time to consider two interesting cases on jurisdiction, which does seem to be a topic consuming a very large amount of court time, post-Brexit. We understand that various proposals seeking to simplify matters are currently being…

The Weekly Roundup: The Multijurisdictional Edition

As some members of the team  breathe a sigh of relief at surviving the school holidays, whilst others mourn an idyllic summer spent enjoying the sunny weather, we’re all agog to find out who the incoming Prime Minister will appoint as Lord…

‘Failure to remove’ claims: HXA v Surrey CC and YXA v Wolverhampton CC in the Court of Appeal

In a ‘Failure to Remove’ Claims in the High Court: the Appeals in HXA v Surrey County Council and YXA v Wolverhampton City Council
‘Failure to Remove’ Claims – the Decision in HXA v Surrey County Council, and an Update

The…

Sports Law Update: Johnson v Williams [2022] EWHC 1585 (QB)

Elite sport is a precarious occupation. An injury may abruptly end a promising career. Large sums of money are therefore at stake when a sports player brings a claim of medical negligence against their clinician. The stakes for those who treat such…

The Weekly Roundup: The Procedures Edition

This week the team has been thinking about some of the more esoteric questions raised by cross border work; whether the standard of proof is a procedural or substantive matter, and whether orders for provisional damages are capable of outliving the Claimants…

Applying for an extension of time for service of a claim form (ST v BAI)

Dispute Resolution analysis: In a recent decision the Court of Appeal reconsidered the rules around applying for extensions of time for service of claim forms outside the jurisdiction where the applicable limitation period has run out. The court decided that the Admiralty…

The Weekly Roundup: The Badly Behaved Edition

Travel practitioners tend to be sunny optimists, dealing as they do with the jollier aspects of human existence; package holidays, package tours, and (more latterly) linked travel arrangements. But (readers of a nervous disposition should look away now) not everyone involved in…

The Weekly Roundup: The August Edition

Everyone seems to be on holiday. This is of course cheery news for travel practitioners, who depend on people taking holidays as the foundation for our work, and who are, therefore, the Forgotten Victims of the Covid pandemic. The work of the…

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