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A predictable revolution: Knauer v Ministry of Defence in the Supreme Court

The Supreme Court has today handed down its judgment [2016] UKSC 9 in the ‘leapfrog’ appeal to it from the decision of Bean J in Knauer v Ministry of Defence [2014] EWHC 2553 (QB). Bean J’s decision is available on BAILII at…

Restrictive Covenants – Supreme Court’s First Consideration of s.84 of the Law of Property Act 1925: Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45

Introduction In Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45, the Supreme Court was required (for the first time ever) to decide an appeal on section 84(1) of the Law of Property Act 1925 (“LPA 1925”). The provision…

The Weekly Roundup: The Jubilee Edition

Is the four day weekend the future? If you’d asked us that on Wednesday we’d almost certainly have said yes, but this morning we wonder whether we’re more exhausted and emotionally drained than we were before we started. To ease us back…

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…

The Weekly Roundup: The Be Careful What You Wish For Edition

This week’s edition of the Roundup concerns two cases involving costs agreements which parties may subsequently have come to regret: the decisions in Doyle v M&D Foundations and Building Services Limited [2022] EWCA Civ 927 and Candey v Tonstate Group Ltd &…

Seeking fundamental dishonesty on appeal: a claimant whose evidence was “perforated with inconsistency” and “exaggerated” should have been found fundamentally dishonest

Following the decisions of Molodi v Cambridge [2018] and Richards & Anor v Morris [2018], it is commonplace for defendants to seek findings of fundamental dishonesty in personal injury cases. Many rely on Mr Justice Martin Spencer’s words emphasising the problem courts and insurers have faced with…

When is a supplier not a supplier? The Court of Appeal decision in X v Kuoni (2018)

In X v Kuoni Travel Limited (2018) EWCA Civ 938 the Court of Appeal concluded that, for the purposes of Regulation 15 of the Package (Travel etc) Regulations 1992, the employees of foreign suppliers (conventionally, hoteliers) are not themselves ‘suppliers’ for whom the relevant…

The Weekly Roundup: The Easter Edition

We hope that our readers will, like the team, have returned to work much refreshed and raring to go after the Easter Bank Holiday break. The 1CL Easter Egg Hunt was a predictably competitive affair, of course, but we were able to…

The Weekly Roundup: Timely Reminders

This week we thought we’d use a couple of recent cases to illustrate a pleading point and a procedural point surprisingly often forgotten, though naturally not by us. Next week we will bring you a summary of the European Commission report on…

Tearing up the definition of ‘accident’ under the Montreal Convention – The judgment of the CJEU in JR v Austrian Airlines

If an airline passenger slips, trips and falls during the course of a flight, or during embarkation or disembarkation, but there is no identifiable external cause of the fall, has an accident occurred for the purposes of the Montreal Convention 1999? In…

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