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Rix v Paramount Shopfitting Ltd

Rix v Paramount Shopfitting Co Ltd and the effect on dependency claims

Will Young looks at quantification of dependency claims under the Fatal Accidents Act after a mesothelioma case, Rix v Paramount Shopfitting Co Ltd, is heard in the Court of Appeal. The Deceased in this case, Mr Rix, was exposed to asbestos by the Defendant in the 1970s. He developed mesothelioma and died in 2016 aged 60. His widow brought a claim against the Defendant under the FAA for damages including a claim for loss of financial dependency. The background In the High Court, the Defendant had argued that there was no loss of dependency as the Claimant had inherited the business, which remained profitable after Mr Rix’s death (indeed it had become more so). Hence it was said that there…

Personal Injury, Personal Injury 13 Dec, 2021

How arbitration can navigate risk involved in infrastructure projects in the Asia-Pacific

Anthony Lo Surdo discusses the boom in infrastructure projects in the Asia-Pacific and how arbitration helps to navigate the risk involved with national infrastructure projects. Parts of the Asia-Pacific are in the grip of a boom in infrastructure projects driven, in some cases, by China’s “Belt and Road” initiative and otherwise by historically low global interest rates which has enabled sovereign states either alone or in partnership with private enterprise to fund projects that were hitherto merely a pipedream. In Australia alone, the 12 largest infrastructure projects total in excess of $A80 billion and include the Westconnex road project (NSW, $A16 billion), the Sydney Metro (NSW, $A12 billion), the Western Sydney Airport (NSW, $A5.3 billion), the Melbourne Metro Tunnel ($A11…

Arbitration, Legal Blog & Publications, Commercial, News 2 Dec, 2021

RTA abroad

Scott v AIG: The scope of article 4(3) Rome II and the meaning of “the tort/delict”

Ian Denham recently acted for the successful respondent in an appeal concerning the scope of article 4(3) of the Rome II Regulation. The Claimant had been on holiday in France when she was involved in a road traffic accident with an uninsured vehicle. An issue arose as to whether the claim against the motor insurer of the vehicle in which she was travelling was governed by English or French law. In this article, Ian reviews the judgment of HHJ Platts in Scott v AIG which provides a helpful summary of the existing case law on article 4 of Rome II and considers what is meant by the term ‘the tort/delict’ when weighing whether article 4(3) should displace the presumptive applicable…

Travel, Travel 10 Nov, 2021

Naomi Cunningham is published in DLA Briefings Vol 74

Naomi Cunningham has been published in the latest Discrimination Law Association Briefing paper on the latest Forstater v CGD Europe EAT decision. Naomi’s article was included in the DLA November briefing paper (Vol 74, 987-1000 Nov 2021) on the subject of gender critical beliefs following the recent EAT decision in Forstater v CGD Europe Ltd [2021] UKEAT/0105/20/JOJ. Her article looks at the facts of the case and the implications for practitioners going forward. Read the full briefing here. Discrimination Law Association Journal This DLA journal provides accessible and authoritative analysis of the latest developments in discrimination law. The publication takes a complainant-oriented perspective and cover all areas of discrimination law.  Briefings contains editorials with analytical overviews of current issues, discussions…

Employment 9 Nov, 2021

Michael Bowes QC talks to RUSI

Michael Bowes QC talks to RUSI on the UK’s Economic Crime Enforcement Landscape

Michael Bowes QC was recently invited to speak as a ‘thought leader’ on economic crime for RUSI, a major UK think tank.  The Royal United Services Institute for Defence and Security Studies (RUSI) is a major British defence and security think tank. They have launched an Economic Crime Plan Thought Leadership Series and in the fourth of this series, Michael argues that many of the right laws and structures are in place to enforce economic crime law, but that more needs to be done to put these into practice effectively. Michael’s thoughts on the UK’s Economic Crime Plan Michael recommended more investment in specialist resources, a refocus on swifter prosecutions, more effective use of civil asset recovery and greater use of…

Business Crime, Business Crime, News 5 Nov, 2021

FS Cairo (Nile Plaza) LLC v Brownlie [2021] UKSC 45

Olinga Tahzib considers the recent decision of the Supreme Court in Brownlie (No 2) and asks what next in jurisdiction for tort claims in a post-Brexit England and Wales? In January 2010, Lady Brownlie was on holiday in Egypt staying at the Four Seasons hotel. She booked through the concierge a jeep tour which went tragically wrong when the vehicle in which she, her husband Sir Ian Brownlie, Ian’s daughter Rebecca and her two sons were travelling crashed in the desert. Sir Ian and his daughter were both killed and Lady Brownlie suffered significant injuries. She pursued claims for damages under Egyptian law, in contract and in tort, for personal injuries and also dependency for wrongful death. She started her…

Legal Blog & Publications, News, Travel 26 Oct, 2021

Oliver Powell successful in Environmental Appeal

Oliver Powell, instructed by Andrew Oliver of Andrew Jackson LLP, appeared at York Crown Court in relation to an environmental appeal which had its genesis in regulatory breaches in the fishing sector. Oliver (who was not instructed at first instance) appeared on behalf of the appellant, John MacAlister (Oban) Ltd (‘the Company’). The case concerned an investigation by the North Eastern Inshore Fisheries and Conservation Authority (‘NEIFCA’) into the activities of one of the Company’s vessels, the Star of Annan. The breaches, which occurred variously on six different occasions, concerned: catching undersize scallops; fishing outside of a permitted area; fishing without a valid permit; fishing with more than 10 scallop dredges; failing to operate AIS; and fishing in a closed…

News, Health & Safety 10 Sep, 2021

Administrators, burials and costs – John McKendrick QC defends appeal against costs order by the successful party in burial dispute.

John McKendrick QC has been successful in defending a costs order appeal by the son of his client’s late husband after the judge departed from the general rule of awarding successful parties their costs in Algeilani v El Samawi [2021] EWCA Civ 997. Alex Cisneros provides a helpful case summary . The deceased’s son had succeeded in his claim exclusively by the introduction of a new argument. This new point was only raised following circulation of a draft judgment giving judgment against him. The judge reconsidered his judgment in light of this new point but, in the subsequent costs order, the judge decided to award costs only from the date he introduced the new argument. The judge also required the…

Legal Blog & Publications, News 17 Aug, 2021

David Holloway wins landmark DIFC State Immunity Case

David Holloway recently represented Fal Oil Company and successfully achieved the enforcement of a judgment for over US$300 million plus significant interest against the Sharjah Electricity and Water Authority (SEWA). The underlying litigation had a complex and long history, involving appeals to the UAE Supreme Court and the intervention of a royal commission. Fal Oil had been unsuccessful in attempts to execute the judgment in Sharjah over a number of years. Enforcement proceedings in the DIFC Courts were contested by SEWA, who opposed the enforceability of the judgment on grounds of State Immunity and Public Policy. The judgment of the DIFC Court in Fal Oil Company  v SEWA sheds considerable light on the question of State Immunity as understood in the DIFC and the…

Commercial, News, International 4 Aug, 2021

Hughes v Pritchard [2021] EWHC 1580 (Ch): overriding the medical capacity assessment?

On 11 June 2021, HHJ Jarman QC sitting at the High Court handed down judgment in Hughes v Pritchard[2021] EWHC 1580 (Ch).  The Court notably found the testator to lack capacity and his last will to be invalid despite a contemporaneous medical capacity assessment finding the testator to have capacity. Jennifer Seaman and Bianca Venkata provide a brief overview of the case and suggests what lessons can be learned to ensure the validity of wills going forward. The facts Mr Hughes owned considerable farmland in Wales. Mr Hughes had three children: an eldest son Elfed, a second son Gareth and a daughter Carys. Elfed worked long hours on his father’s farm for no remuneration. Mr Hughes promised Elfed, his wife Gwen and their three…

Legal Blog & Publications, News, Private Client 3 Aug, 2021

X v Kuoni: Success for X in the Supreme Court

On 30 July 2021, the Supreme Court unanimously allowed X’s appeal in the long-running case of X v Kuoni. This is a key decision in respect of the scope of the liability of package tour operators. Carin Hunt provides a casenote on the judgment. The facts The facts giving rise to this case occurred over a decade ago now, when Mrs X and her husband were on a package holiday in Sri Lanka. Early on the morning of 17 July 2010, a hotel maintenance employee on night duty offered to show Mrs X a shortcut to reception. The employee then took Mrs X to an engineering room where he assaulted and raped her. The issues Having been dismissed both at first instance and by…

Legal Blog & Publications, News, Travel 3 Aug, 2021

Carin Hunt discusses the registration of cyclists with Lexis PSL

In a recent Lexis PSL News Analysis article, Carin Hunt considers how cycling and e-scooters may be regulated in the future and the potential impact for practitioners on personal injury law. Sabina Habib of Lexis Nexis interviewed Carin Hunt for a Personal Injury Analysis piece, published in July 2021. We summarise the their conversation below. Registration of cyclists The first idea considered by Carin in this interview was originally floated by motoring lawyer Nick Freeman. Freeman proposed the creation of a licensing system for cyclists and e-scooter riders. The suggestion is for cyclists to be compulsory registered, to wear numbered tabards, and be eligible for penalty points should they break the rules of the road. Carin cites expense, practical complexity, and the potential hidden…

Legal Blog & Publications, News, Personal Injury 30 Jul, 2021

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