SEPLA challenge to British Airways PLC heard in the Commercial Court
SEPLA's (a Spanish trade union representing the majority of Iberia's pilots) challenge to the entitlement of British Airways PLC (and its parent company, IAG) to bring a claim in the Commercial Court against them alleging breaches of Articles 49 and 56 of the Treaty on the Functioning of the European Union as a result of SEPLA's alleged opposition to the...
Madoff Securities Litigation: Ex Turpi Causa defence pleaded
In litigation arising out of the $65 billion ‘Ponzi’ Scheme operated by Bernard Madoff, trial of which is due to commence on June 10, 2013, the Court has allowed Mr Raven’s application to re-amend to plead an ‘ex turpi causa’ defence (a re-amendment adopted by the other remaining defendants). Field J. April 19, 2013: Madoff...
High Court reiterates the importance of causation evidence in road traffic claims
In Boyle v Commissioner of Police of the Metropolis Turner J considered the claim by a claimant who suffered life changing spinal injuries when he fell into the path of a passing police car while intoxicated. Turner J concluded that even though the police officer had breached his duty of care by driving slightly over the speed limit the claimant would not be...
Saggerson on Travel Law and Litigation: Written by Matthew Chapman, Sarah Prager and Jack Harding
The new (5th, 2013) edition of this well-know work comprehensively revises and updates classic topics.
Existing case law is placed in a practical context and the many new developments in the law are discussed in detail.
§ Features a large volume of new case law, comprehensively discussed
§ Provides authoritative and clear guidance on...
High Profile JR challenge to use of Do Not Resuscitate orders at Addenbrookes fails
Following a lengthy hearing to establish findings of fact and subsequent legal argument, Nicola Davis, J, sitting in the Administrative court on 21 December 2012 rejected submissions from counsel for David Tracey that their high profile challenge to decisions by clinicians at Addenbrookes hospital in Cambridge to place ‘Do Not Resusitate’ orders on the...
Bulic v Harwoods: High Court lowers threshold for 'disinstruction' of single joint experts
In a judgment handed down today ( EWHC 3657) Eady J, hearing a QB Appeal, has given useful guidance on the circumstances when it is appropriate to allow a party to disinstruct a single joint expert and to give permission to that party to rely upon their own evidence. The Judge considered in detail the comments of Lord Woolf in the well known case of ...
Court of Appeal gives judgment in Nationwide v Davisons  EWCA Civ 1626
An innocent but duped solicitor who has acted reasonably can obtain relief under section 61 of the Trustee Act 1925. The Court of Appeal has reversed the decision of the Judge. Davisons acted for a purchaser and lender. The seller allegedly instructed Rothschild, a firm of solicitors with a branch in Small Heath, Birmingham. R existed but had no branch in that...
Supreme Court gives judgment in historic child abuse case
The Supreme Court has given judgment in the historic child abuse case of Catholic Child Welfare Society v The Institute of Christian Brothers.
The Court held that there were two stages in establishing vicarious liability: first whether the relationship between the abuser and the defendant was capable of giving rise to vicarious liability; and secondly...