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Recent Tort Gateway Decisions

In two recent decisions the Courts have again considered the tort gateway (see, CPR Part 6, PD, paragraph 3.1(9)(a)) in the context of a jurisdictional challenge by a Defendant domiciled outside the jurisdiction and outside the EU: Brownlie v Four Seasons Holdings Inc & Another “Brownlie Mark II” [2019] EWHC 2533 (QB); and,  Allan Peacock

Introduction Where a claimant brings a “mixed” claim (i.e. they claim damages for personal injury and in the same proceedings also claim non-personal injury damages or other relief), does the court have the discretion to disapply QOCS? If so, how will the discretion be exercised? Those were the questions for the Court of Appeal in

QOCS and mixed claims

If Donoghue v Stevenson [1932] AC 562 was argued today, would Ms Donoghue have had QOCS protection? Not if she had been claiming for the cost of another bottle of ginger beer, as well as damages for gastro-enteritis, according to an “undoubtedly memorable” submission made to the Court of Appeal in Andrea Brown v (1)

Terence Wong

1 Chancery Lane is pleased to announce that Terence Wong has taken up a post in the British Virgin Islands. He will be joining Appleby and will be called to the Bar of the British Virgin Islands. Terence will remain a member of Chambers and of its commercial practice group. Members of the group are

Although District Judges have been taking the view that the costs of the CCMC at which costs budgeting is taking place are incurred for the purpose of budgeting for future costs, this has now been codified by a revision to the Practice Direction. Often the costs were split in the CCMC phase for – [Assumptions]

We all woke up to the news that Thomas Cook had collapsed, entering into compulsory liquidation. Not only was this troubling news for holidaymakers due to go on holiday, and indeed those stranded abroad, it was also concerning for litigants currently seeking (or contemplating seeking) compensation for injuries that occurred during the course of their

HHJ Berkley gave judgment for the Defendant this week in Winchester County Court in the claim of Penelope Smith v The Royal Bournemouth & Christchurch Hospitals NHS Foundation Trust. Angus Piper of 1 Chancery Lane represented the Defendant at trial. The Claimant claimed for personal injuries which she contended were negligently caused by her employer

Paul Stagg, author of the Pension Loss chapter in Kemp & Kemp, will be speaking today at the PIBA Seminar on Avoiding being negligent: how to understand and litigate pension loss claims. .  

1 Chancery Lane are delighted to announce that Andrew Warnock QC has been appointed a Recorder. He has been assigned to the Civil Sector on the Midland Circuit.

Jack Harding, barrister at 1 Chancery Lane, and Paul McClorry, Head of Travel Law at Hudgells solicitors, consider whether the special rules governing matters relating to insurance in section 3 of the Recast Brussels Regulation apply to claims made wholly or partly on a subrogated basis by an insurer suing in the name of its

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