- Alternative Dispute Resolution
- Civil Fraud
- Clinical Negligence & Healthcare
- Commercial, Chancery & Property
- Court of Protection
- Credit Hire
- Crime
- Family Law
- Financial Crime
- Inquests & Inquiries
- Personal Injury
- Police Law
- Professional Negligence
- Public Sector & Human Rights
- Regulatory & Disciplinary
- Travel & Cross Border Claims
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, to have been…
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 considered, and this…
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 Chancellor and Attorney…
Webinar Recording: Contractual Liability in Holiday Claims
In yesterday’s webinar Sarah Prager and Thomas Yarrow examined a surprisingly under-used cause of action in holiday claims. Among the topics they discussed are: brochure descriptions and express terms; fairness of terms; implied terms; supplier contracts; airline terms and the Montreal Convention and Denied Boarding…
‘Failure to remove’ claims: HXA v Surrey CC and YXA v Wolverhampton CC in the Court of Appeal
In a judgment handed down today, the Court of Appeal has allowed the appeals of the claimants in the joined appeals in HXA v Surrey CC; YXA v Wolverhampton CC [2022] EWCA Civ 1196. Stacey J had upheld the striking out of negligence claims against…
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 professionals are high….
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 to whose claims…
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 Registrar had not…
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 industry always…
TATLA Newsletter: August 2022
CROSS-BORDER CLINICAL NEGLIGENCE & THE “LOCAL SAFETY STANDARDS” DEFENCE: Clarke v Kalecinski & Others [2022] EWHC 488 (QB, Foster J) It is increasingly common for UK consumers to travel overseas for cosmetic/aesthetic surgical procedures. On occasions, there is a sub-optimal outcome and this is sometimes…
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 courts continues, of…
Ella Davis returns from parental leave
We’re delighted to welcome Ella Davis back to chambers this week following her parental leave. Ella has a broad and varied practice, with a particular emphasis on clinical negligence and personal injury.
Subscribe to our mailing list
Deka Chambers: 5 Norwich Street, London EC4A 1DR
- T +44 (0)20 7832 0500
- E clerks@dekachambers.com
- DX LDE 439
