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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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…