X v Kuoni Travel Limited

Personal Injury

X v Kuoni Travel Limited


The Supreme Court (“the SC”), following guidance from the Court of Justice of the European Union (“the ECJ”), has answered some controversial questions about the Package Travel, etc., Regulations 1992… Read more »

CategoryArticles Author Bernard Doherty Date

To plead or not to plead: when to plead fundamental dishonesty?


Does a defendant need to formally raise an allegation of fundamental dishonesty (‘FD’) in its pleaded case to obtain a finding of FD at trial? Since the Court of Appeal… Read more »

CategoryArticles Author Vaughan Jacob Date

E-scooters


You can barely move for e-scooters at present.  Whether they are on your local streets being trialled by various Councils across the land or being ridden (illegally) by the growing… Read more »

CategoryArticles Author Emily Formby QC, Daniel Laking Date

The Judgment in Swift v Carpenter: Accommodation Claims Revisited


What’s the issue? Injured Claimants who have a need for different accommodation brought about by their injury, and who are not in rented accommodation, are entitled to claim the cost… Read more »

CategoryArticles Author Shaman Kapoor, Daniel Laking Date

Illegality


On 30 October 2020 the Supreme Court handed down judgment in two appeals about the effect of illegality: Ecila Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43 and Stoffel &… Read more »

CategoryArticles Author Judith Ayling QC Date

Insurance Law for Personal Injury Practitioners


Many personal injury practitioners may have overlooked and/or forgotten about the Insurance Act 2015 (“the 2015 Act”). However, since there is so often an insurer standing behind the defendant to… Read more »

CategoryArticles Author Edmund Townsend Date

Quintin Fraser successfully resists the Claimant’s application to appeal following a trial in which a future loss of earnings claim of £605,000 was assessed at £45,000


On 20 May 2021 Mr Justice Henshaw dismissed the Claimant’s application to appeal the judgment of Recorder Bebb QC which had been handed down on 6 April 2020.  The Claimant,… Read more »

CategoryNews Author Quintin Fraser Date

Neil Block QC and Camilla Church successfully defend claim against The Cumberland Hotel in the Court of Appeal


Al Najar and others v The Cumberland Hotel (London) Limited [2020] EWCA Civ 1716 In a judgment handed down on 18th December 2020, the Court of Appeal upheld the decision… Read more »

CategoryNews Author Neil Block QC, Camilla Church Date

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