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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…

The Weekly Roundup: The All Singing Edition

We are all, we hope, sticklers for ethics here, particularly when dealing with litigants in person. Which is why the judgment in Jenkinson v Robertson [2022] EWHC 756 (Admin) has saddened us to no small degree. We were greatly cheered, however, by…

The Dekagram 23rd January 2023

It’s been another busy week at the coalface. The High Court, in Arthern v Ryanair [2023] EWHC 46 (KB), gave further guidance on the interpretation of ‘accident’ within the meaning of the Montreal Convention, together with an exposition on how the domestic…

Damages for Misuse of Private Information – Part 1: General Damages

Introduction A few weeks ago, I wrote about the principles involved in assessing damages in cases involving breaches of data protection legislation.  Now, I thought it might be useful to similarly consider the question of damages in the context of the…

Recent Court of Appeal Personal Injury Decisions

Excalibur & Keswick Groundworks Ltd v McDonald [2023] EWCA Civ 18 The issue How to approach setting aside of a Notice of Discontinuance pursuant to CPR 38.4 and the interpretation of the phrase “likely to obstruct the just disposal of the proceedings”,…

Outsourcing of NHS services: the High Court in JMH v Akramy finds that no non-delegable duty is owed to patients

The High Court on 15 December 2020 handed down judgment in the case of JMH v 1. Akramy 2. Badger Group 3. NHS Commissioning Board [2020] EWHC 3445 (QB), an important decision regarding the NHS’s liability for outsourced medical treatment. The…

The private law liability of public authorities: the curious case of Transport Arendonk BVBA v Chief Constable of Essex Police

Some of you may remember the 2020 High Court decision in Transport Arendonk v Chief Constable of Essex Police [2020] EWHC 212 (QB), landing as it did at a time when there was a flurry of strike out cases exploring the boundary…

Sports Law Update: TVZ v Manchester City Football Club [2022] EWHC 7 (QB) (Part 2 of 2)

Limitation and Quantum This judgment is essential reading for practitioners specialising in abuse claims. It is also of considerable importance to those who practise in personal injury more broadly. With respect to limitation, it provides guidance on: The role of ‘compartmentalisation’ in…

Re C (‘Parental Alienation’; Instruction of Expert) [2023]: Red Light Spells Danger – but not a definitive embargo on instructing unregistered and unchartered psychologists

In determining the applicant mother’s appeal against an order made by HH Judge Davies refusing her permission to reopen findings of fact, the President gave guidance relating to the instruction of experts in family proceedings where there is an allegation of parental…

The Line of Duty: Police and the Duty of Care

When do the police owe a duty of care in the tort of negligence? For many years, cases involving alleged duties of care on the part of the police, were decided, or at least appeared to be decided, on policy grounds….

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