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Jurisdiction and the Forum (Non) Conveniens Enquiry

Readers will already be mindful of the fact that the expiry of the Brexit transition period will (as things presently stand) trigger a seismic shift in the jurisdictional rules applicable to legal proceedings in England and Wales. The corollary of these changes seems to…

Special Briefing: Cruise and Maritime Claims: Liability and Limitation

This paper originally formed the basis of a presentation to APIL on 3 December 2020. The law is accurate as at 6 November 2020 Introduction This paper considers two liability and limitation regimes: the Athens Convention; and, the Convention on Limitation of…

Summary of Section Limitation Act 1980

The relevant Limitation Act 1980 provisions for Clinical Negligence actions: Part I  Ordinary Time Limits for Different Classes of Action …Actions Founded on tort Section 2. Time limit for actions founded on tort …Actions founded on simple contract Section 5. Time limit…

General Damages in Holiday Claims: a Recap

It has now been ten years since the Court of Appeal’s seminal decision in the case of Milner & Milner v Carnival Plc [2010] EWCA Civ 389 and still the assessment of general damages in holiday claims poses difficulties for those acting…

Special Briefing: Recent Developments in the Caselaw Relating to Jurisdiction

Cases on jurisdiction are like torpedoes, aren’t they? You wait for one for ages, and then four come along in the space of a couple of weeks, culminating in a decision (or rather lack of it) from the Court of Justice of…

The Weekly Roundup: the Alliterative Edition

Busy practitioners will be delighted to hear that the courts have issued fresh guidance on the compilation of e-bundles, to be found here: Electronic Bundles-nte. This new guidance is very like the previous incarnation, containing as it does the usual exhortations to…

A Problem and a Swift Engagement of Revers(ionary) Gear

Following the much anticipated decision of the Court of Appeal in Swift v Carpenter John Ross QC and Thomas Yarrow provide a comprehensive analysis of the difficulties accommodation claims present for the courts, the detail of the decision in Swift (including explaining…

CN v Poole Borough Council – Briefing Note on the Decision of the Court of Appeal

CN v Poole Borough Council Briefing Note on the Decision of the Court of Appeal On December 21st 2017, the Court of Appeal handed down its judgment in CN v Poole Borough Council. This briefing note explains this decision, which…

Special Briefing: Continuing Developments in Jurisdiction under Common Law Rules

There have been a number of recent developments in relation to jurisdiction in cases to which Regulation (EU) No. 1215/2012 (‘recast Brussels’) applies; but as 31st December 2020 recedes into memory, and with it the mechanistic approach to jurisdiction adopted under recast…

Hacked off with Costs Budgeting?

Introduction In Various Claimants Including (1) John Leslie (2) Chantelle Houghton v MGN Limited [2018] EWHC 1244 (Ch) Chief Master Marsh gave a detailed judgment concerning costs budgeting in 2 claims arising from phone hacking of the former Blue Peter presenter…

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