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Ask a Silk: Claims where English law applies but the claimant is domiciled abroad

In this latest ‘Ask a Silk’ vlog, Carin Hunt asks Eliot Woolf QC about personal injury and clinical negligence claims in England and Wales where English law applies but the claimant is domiciled abroad. What needs to be considered? Welcome back to ‘Ask a Silk’. These videos are short and digestible vlogs, normally in the form of a Q&A between a silk and junior member of chambers about a particular area of the silk’s expertise. In this short interview, Carin Hunt talks to Eliot Woolf QC, an well respected silk specialising in personal injury and clinical negligence, including claims with an international element. Carin wanted to discuss international claims with Eliot and in particular, claims where the case is being heard in England and…

News, Webinars & Vlogs, Travel Vlogs, Travel 2 Jul, 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

How does PI litigation in the US differ from England and Wales? A discussion at the Cross Border Law Conference

The final talk at Outer Temple’s Annual Cross Border Law Conference included the eminent Gerard McDermott QC and his special guest from across the Atlantic, Jack J. Casciato, a partner at Clifford Law Offices in Chicago, about the differences between personal injury litigation in the US and UK. In this fascinating and lively discussion, Gerard talks to Jack about the differences between personal injury litigation in the United States and litigation in England and Wales. Jack is an up and coming young litigator of catastrophic personal injury claims in Cook County, Illinois, who now focuses on representing Claimants after spending eight years as a defence lawyer. Patrick Tomison watched their discussion and has summarised the key take-aways from their discussion below.…

Webinars & Vlogs, Travel Vlogs 17 Dec, 2020

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

OTC Travel Talks: Motor Liability Claims in France, Spain & the Netherlands Part 2

Watch Ian Denham, Ana Romero Porro, Thomas Ricard and Gerben Janson in the second part of their discussion on motor liability claims in France, Spain & the Netherlands in ‘OTC Travel Talks’. Outer Temple’s Ian Denham continues his discussion 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) to discuss limitation rules in their respective jurisdictions on the subject of road traffic accident (RTA) claims. This episode focuses on accidents involving cyclists and uninsured drivers. In their earlier discussion the four personal injury specialists discussed the specific liability regimes that apply in each jurisdiction, including the burden of proof in motor liability claims and specific…

Webinars & Vlogs, Travel Vlogs, Travel, Travel 13 Oct, 2020

OTC Travel Talks: Motor Liability Claims in France, Spain & the Netherlands Part 1

Watch Ian Denham, Ana Romero Porro, Thomas Ricard and Gerben Janson in the next episode of ‘OTC Travel Talks’, focusing on motor liability claims in France, Spain & the Netherlands. Outer Temple’s Ian Denham was joined by three European foreign personal injury specialists to discuss limitation rules in their respective jurisdictions on the subject of road traffic accident (RTA) claims. Ana Romero Porro of Cremades & Calvo Sotelo (Spain),  Thomas Ricard of JP Karsenty & Associés (France) and Gerben Janson of Leidse Letselschade Advocaten (the Netherlands) give their advice in this short vlog. Ian and his guests discuss extension of limitation periods and consider: The specific liability regimes that apply in each jurisdiction, including: The burden of proof in motor liability claims. Specific regimes…

Webinars & Vlogs, Travel Vlogs, Travel, Travel 28 Sep, 2020

OTC Travel Talks: Limitation in Czech Republic, Denmark & Poland Part 2

Watch Ian Denham, Klára Dvořáková, Kira Kolby Christensen and Gabriela Lenarczyk in the sixth episode of our travel law discussions; ‘OTC Travel Talks’. This episode focuses on the limitation periods in Czech Republic, Denmark & Poland for personal injury claims. Outer Temple’s Ian Denham was joined by Klára Dvořáková (Partner at Holubová, Prague, Czech Republic), Kira Kolby Christensen (Partner at Elmer Advokater, Copenhagen, Denmark) and Gabriela Lenarczyk (Associate at Budzowska Fiutowski & Partners, Krakow, Poland). Watch OTC Travel Talks Episode 6 In the second part of this discussion Ian and his guests discuss extension of limitation periods and consider: Whether the limitation period be extended by agreement between the parties or by Court order. Whether there is a limit as to how…

Webinars & Vlogs, Travel Vlogs, Travel, Travel 3 Sep, 2020

OTC Travel Talks: Limitation in Czech Republic, Denmark & Poland Part 1

Watch Ian Denham, Klára Dvořáková, Kira Kolby Christensen and Gabriela Lenarczyk in the latest travel law vlog; ‘OTC Travel Talks’. This episode focuses on the limitation periods in Czech Republic, Denmark & Poland for personal injury claims. Outer Temple’s Ian Denham was joined by Klára Dvořáková (Partner at Holubová, Prague, Czech Republic), Kira Kolby Christensen (Partner at Elmer Advokater, Copenhagen, Denmark) and Gabriela Lenarczyk (Associate at Budzowska Fiutowski & Partners, Krakow, Poland) in the first of this two-part discussion on limitations in their respective jurisdictions. In this episode, Ian discusses limitation periods, a key issue for cases which run in England but apply foreign law. Ian and our guests consider: The applicable limitation based on the cause of the injury or the…

Webinars & Vlogs, Travel Vlogs, Travel, Travel 17 Aug, 2020

OTC Travel Talks: Expert Evidence in Cross-Border Claims Part 2

Watch Ian Denham and Cheryl Palmer-Hughes in the fourth episode of a new series of travel law discussions hosted by Outer Temple’s Travel Law team; ‘OTC Travel Talks’.  This episode focuses on the practical aspects of instructing an expert. Outer Temple’s Ian Denham spoke to Cheryl Palmer-Hughes, who is a Partner in Irwin Mitchell’s International Serious Injury department in Manchester and the Chair of the PEOPIL Young Lawyers Group. In this episode, Cheryl and Ian discuss how expert evidence fits into case management and cost budgeting. In Part 1, Cheryl and Ian discussed the factors that you should take in to account when selecting the best expert for your case, including: Part 1 can be watched here. Watch OTC Travel Talks; Expert Evidence…

Webinars & Vlogs, Travel Vlogs, Travel, Travel 3 Aug, 2020

OTC Travel Talks: Expert Evidence in Cross-Border Claims

Watch Ian Denham and Cheryl Palmer-Hughes in the third of a new series of travel law discussions hosted by Outer Temple’s Travel Law team; ‘OTC Travel Talks’.  This episode focuses on how to select an expert in cross-border personal injury claims. Outer Temple’s Ian Denham spoke to Cheryl Palmer-Hughes, who is a Partner in Irwin Mitchell’s International Serious Injury department in Manchester and the Chair of the PEOPIL Young Lawyers Group. In this episode, Cheryl and Ian discuss the practical issues that may arise in cases involving selecting an expert to give evidence and how to ensure you find the most appropriate expert. Finding an expert Cheryl and Ian share: The best approach to finding an appropriate expert How to find an expert when your case is…

Webinars & Vlogs, Travel Vlogs, Travel, Travel 20 Jul, 2020

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