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Travel

Ian Denham to represent the family of a child who died following a holiday to Turkey

Ian Denham has been instructed by Jatinder Paul, Senior Associate Solicitor in the International Serious Injury team at Irwin Mitchell, to represent the family of a two-year-old girl who died after she contracted a bacterial infection following a holiday to Turkey. Miss Birchall suffered gastric illness including stomach cramps and diarrhoea shortly after she returned from a 10-day stay in Antalya with her family. She was admitted to hospital, where she was diagnosed with Shiga-Toxin producing E.Coli (STEC).  She subsequently developed Haemolytic Uraemic Syndrome (HUS), a serious and potentially fatal blood condition linked to STEC, which can result in kidney failure and brain damage.  She sadly died on 3 August 2019. At the recent Pre Inquest Review hearing, in Manchester, the Coroner…

News, Travel 15 Jun, 2021

Commission advises EU to say No to Lugano Accession

Yesterday, the European Commission published its assessment of the UK’s application to accede to the 2007 Lugano Convention. The Commission advises the EU to reject the UK’s application to join the Convention for two key reasons. First, the Commission notes that those non-EU countries which have acceded to the Lugano Convention “all participate, at least partly, in the EU’s internal market” – this being by way of the EEA agreement for Norway and Iceland, and a number of bilateral trade agreements for Switzerland. This economic link, or “high degree of economic interconnection”, between those third countries and the EU’s internal market, says the Commission, is a key basis for their accession to the Convention.  By contrast, the Commission says, the…

Brexit, Legal Blog & Publications, News, Public Law, Travel, Public, Travel 5 May, 2021

OTC Travel Talks: General Damages in France, Spain and the Netherlands Part Two

Ian Denham is joined by Ana Romero Porro, Thomas Ricard and Gerben Janson in the next instalment of our ‘OTC Travel Talks’ series to discuss the quantification of non-pecuniary, or general damages, in Spain, France and the Netherlands. Welcome to another episode in the OTC Travel Talks series. Our most recent discussion, hosted by Ian Denham, continues with Ana Romero Porro of Cremades & Calvo Sotelo (Spain), Thomas Ricard of JP Karsenty & Associés (France) and Gerben Janson of Leidse Letselschade Advocaten (the Netherlands). It was divided up into two sections; The general approach to compensation in Spain, France and the Netherlands. This can be viewed here. Temporary and permanent disability. Part 2: Compensation for temporary and permanent disability In part 2, Ana describes the distinction between temporary and permanent…

News, Webinars & Vlogs, Travel Vlogs, Travel, Travel 21 Apr, 2021

Travel Talks: General Damages in France, Spain & the Netherlands Part 1

Ian Denham is joined by Ana Romero Porro, Thomas Ricard and Gerben Janson as part of the ‘OTC Travel Talks’ series to discuss the quantification of non-pecuniary or general damages in Spain, France and the Netherlands. The discussion is divided up into two sections, with Part 2 to be published soon. Part 1: The general approach to compensation In the first section, each of the speakers detail how their respective legal jurisdictions seek to implement the principle of restitutio in integrum. French law (1:00 –  4:00) adopts the Nomenclature Dintilhac which involves the concept of consolidation or stabilisation of injury. This plays an important role in determining the dividing line between ‘past’ and ‘future’ losses but also sets the clock ticking for limitation…

News, Webinars & Vlogs, Travel Vlogs, Travel, Travel 6 Apr, 2021

Success for X: The CJEU Judgment in X v Kuoni is Out

This morning, the Court of Justice of the European Union (CJEU) handed down its judgment in X v Kuoni. Background The facts giving rise to this case occurred over a decade ago now, when 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 X a shortcut to reception. The employee then took X to an engineering room where he assaulted and raped her. Having been dismissed both at first instance and by the Court of Appeal, X’s claim against Kuoni, the tour operator, eventually reached the Supreme Court. The issue in dispute was whether the actions of the maintenance…

Legal Blog & Publications, News, Travel, Travel 18 Mar, 2021

A Matter of Interest – applicable law to awards of interest in cross-border tort cases

Joshua Cainer looks in detail at the recent developments in English courts on the applicable law to awards of interest in cross-border tort cases. In Troke v Amgen Seguros Generales Compania de Seguros Y Reaseguros SAU, the claimants suffered personal injury from a road traffic accident in Spain, for which the defendant insurers admitted both liability and quantum. In this article, Joshua Cainer explores the legal point in dispute, which concerned what law governed the award of interest in relation to the tort: the lex causae (the law of the jurisdiction in which the cause of action arose), which in this case was Spanish law; or the lex fori (the law of the forum in which the claim was being…

Legal Blog & Publications, News, Travel, Travel 17 Feb, 2021

Travel Talks: ‘Assessment of personal injury damages under foreign law’ by Stewarts Law

Chambers were delighted to have Chris Deacon, Partner at Stewarts Law, speak at our Annual Travel Law Conference this year. The focus of Chris’ talk was on the assessment of personal injury damages under foreign law, an often complex task faced when litigating cross-border personal injury claims. Chris started his talk by considering the distinction between procedural and substantive law before the commencement of the Rome II Regulations and how the applicable law would be used to identify the recoverable heads of damage but then English law (as the procedural la), would then be used to quantify those heads of loss. With the application of the Rome II Regulations and the emphasis on harmonisation and predictability, those heads of loss…

News, Travel, Travel 10 Feb, 2021

Looking at the Global Picture – Qatar Airways v Middle East News

In Qatar Airways v Middle East News [2020] EWHC 2975 (QB) Saini J has handed down a decision which, although not in a personal injury case, is of real interest for travel lawyers. Daniel Clarke explores the judgment and explains why. In Qatar Airways v Middle East News [2020] EWHC 2975 (QB) Saini J has handed down a decision which, although not in a personal injury case, is of real interest for travel lawyers. The claim arises out of the diplomatic and economic blockade imposed on Qatar in June 2017 by Saudi Arabia, the UAE, Bahrain, and Egypt. As a result of this, Qatari aircraft were only permitted to fly in and out of Qatar via permitted “air corridors”. In…

Legal Blog & Publications, News, Travel, Travel 21 Jan, 2021

Supreme Court to hear landmark travel law case in FS Cairo (Nile Plaza) LLC v Brownlie

The Supreme Court, next week, will hear the appeal in FS Cairo (Nile Plaza) LLC v Brownlie which you can watch live here. The appeal has been expedited from the Court of Appeal’s judgment in July 2020 and raises important issues of private international law in cross-border tort claims. When a claimant wishes to have a claim heard in the courts of England and Wales against a defendant who is located in a foreign country, they must apply to the courts for permission to serve their claim form out of the jurisdiction. Sarah Crowther QC, Daniel Clarke and Joshua Cainer of Outer Temple Chambers are instructed by Kingsley Napley LLP on behalf of Lady Brownlie in the appeal. The Supreme…

News, Travel, Travel 8 Jan, 2021

Griffiths v TUI – A controversy over expert evidence at the Cross Border Law Conference

Ian Denham and Carin Hunt talked about the recent influential High Court judgment in Griffiths v TUI at Outer Temple’s Cross Border Law Conference. They analysed the judgment and considered the effects it may have on illness claims and beyond. Watch the video. Outer Temple’s Annual Cross Border Law Conference was held via Zoom this year and an in-depth analysis of Griffiths v TUI [2020] EWHC 2268 (QB) was on the agenda. The event was attended by lawyers around the world including fellow Outer Temple member Imogen Egan who summarizes the talk below before the opportunity to watch the full recording of the talk. The story of Griffiths v TUI Carin dealt with the facts, procedural history, and outcome in…

News, Webinars & Vlogs, Travel Vlogs, Travel 17 Dec, 2020

Brexit – What Next? Will Young presents at the Cross Border Law Conference

At the time of writing (December 2020), we remain in the transition period, where we will remain until 31st December 2020. Generally things have remained the same, in terms of the applicability of pre-Brexit rules, and will continue to do so until the end of the transition period. The question, though, is what will happen after? The easy part is applicable law: because Rome I and II do not depend on reciprocity (and can have effect to apply the law of a non-signatory state), the UK courts can continue to apply the rules contained in Rome I and II despite the UK’s departure from the EU, and that is what they will do – see The Law Applicable to Contractual…

Brexit, News, Webinars & Vlogs, Travel Vlogs, Travel 17 Dec, 2020

Barton Checks In With… Joseph Dawson

In this edition, Paul Barton checks in for a virtual coffee with Joseph Dawson, an Associate at Leigh Day Solicitors (Manchester), to find out a bit more about how he got into travel law and why he enjoys it so much. How did you become involved with travel law? I qualified as a solicitor in summer of 2010 after spending 3 years at a high street firm specialising in domestic personal injury litigation. Whilst the firm did not have a dedicated practice in non-domestic PI, they had a several historic cases that I became fascinated with due to their international element. After qualification I applied for my first travel law job in a leading and well-established Travel Law team. This…

News, Travel 15 Dec, 2020

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