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Adjournment refused for party claiming to be suffering from COVID-19

When will a judge adjourn a hearing when faced with an application on the basis that a party is suffering from COVID-19?

This was a question recently encountered by Simon Newman on an application under s.366 of the Insolvency Act 1986 requiring…

R v Fitch & Turney (2020)

On 12 June 2020, His Honour Judge Weekes at the Crown Court sitting at Canterbury sentenced two defendants for their parts in a scheme to secure over £2.7m in Government grant aid by submitting false documentation.
Simon Fitch, formerly of International…

The Weekly Roundup: Omens and Auguries

The team at 1CL are all of a doodah today. Not only are a number of courts re-opening today for live hearings, on Thursday the Court of Justice of the European Union released two decisions with relevance to travel lawyers, and on…

Clarification on ‘extraordinary circumstances’ in the Denied Boarding Regulations: Case C-74/19 LE v Transport Aereos Portugueses SA

EC Regulation 261/2004, more commonly known as the ‘Denied Boarding Regulation’, sets out airline passengers’ rights to compensation, care, and assistance from air carriers if their flights are cancelled or delayed, or if they are denied boarding. Article 5(3) of the Denied…

R (Hans Husson) v Secretary of State for the Home Department [2020] EWCA Civ 329

In the case of R (Hans Husson) v Secretary of State for the Home Department [2020] EWCA Civ 329 the Court of Appeal was tasked with deciding two questions of some significance. The first of those questions related to whether or not…

Secondary Victim Claims Briefing – June 2020

So-called “secondary victim” claims for damages for psychiatric injury are hard to establish.  For the last 30 to 40 years, and for reasons founded in both difficulties of diagnosis and perhaps a mistrust of injuries you cannot see, claims for damages for…

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…

The Weekly Roundup: to Staycation or Quarantine, That is the Question

Last week the weather encouraged us to wonder whether lockdown is so terrible after all. This week’s rain has reminded us that the Great British Summer is as capricious as a toddler at tea time, and the team’s plan to jump into…

A Bad Rule, Misunderstood: 8BPD9.1 and Applications to Dismiss

Over the past months, a number of Claimant solicitors have approached the author seeking representation at hearings to oppose dismissal of Part 8 (RTA and EL/PL Protocol “Stage 3”) Proceedings. In these cases, Defendants have sought dismissal mostly due to a failure…

Paul v Royal Wolverhampton NHS Trust: success for Laura Johnson on behalf of the Appellants in secondary victim appeal

Chamberlain J handed down judgment this morning in the appeals of Saffron and Mya Paul whose secondary victim claims were struck out by Master Cook in November 2019.  Chamberlain J concluded that Master Cook was wrong to strike out the claims and…

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