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Daniel Clarke

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“What Next For Forum Non Conveniens?” – Dan Clarke and Will Young at the Travel Law Conference 2022

Dan Clarke and Will Young presented a talk on forum non conveniens at Outer Temple’s Travel Law Conference in Manchester. The video and slides are now available. Outer Temple Chambers hosted a Travel Law Conference in Manchester on 17th March 2022 together with a selection of esteemed guests from the travel law industry. This was a hybrid event and the recordings are now available online. The third talk of the day was “What Next For Forum Non Conveniens?”, presented by two members of Outer Temple’s specialist travel law team, Dan Clarke and Will Young. What Next For Forum Non Conveniens? Dan and Will started their talk with a brief explanation of the principle of forum non conveniens and where it may…

Webinars & Recordings 22 Apr, 2022

Event: The Spinal Sessions Part 1; Cauda Equina Syndrome – 23rd June 2022

Join Outer Temple Chambers and guests for the first in a series of seminars and discussions on spinal injury related topics on Thursday 23rd June. Part 1 will focus on Cauda Equina Syndrome. You are invited to join Outer Temple Chambers and our esteemed guests for an afternoon of talks on Cauda Equina Syndrome. As well as a series of talks by our members we look forward to welcoming John Leach (Consultant Neurosurgeon), Dr Naveen Kumar (Consultant in Neurorehabilitation), and Maggie Sargent and Gill Creighton (Care and Case Management Specialists) of Maggie Sargent & Associates. Book your place This event, originally planned as a hybrid event, will now be offered as a virtual event due to the impending national rail…

Events 14 Apr, 2022

Manchester Seminar - Invitation 17.03.22

Event: Join our Travel Law Conference in Manchester on 17th March 2022

Join Outer Temple Chambers and guests for an afternoon of travel related talks at the Edwardian Radisson Hotel Manchester. This will be a hybrid event, with limited in-person tickets and streamed online. You are invited to join Outer Temple Chambers and our esteemed guests at the Edwardian Radisson Hotel in Manchester. This event will include a number of topical talks followed by a panel session. Agenda 12.30: In person registration/refreshments for a 1.00 start 1.00 – 1.15: Welcome by Gerard McDermott QC and Ian Denham (Joint Chairs) 1.15 – 2.00: “Litigating RTAs Abroad After Brexit” – Colin Murphy (Leigh Day) and Carin Hunt 2.00 – 2.45: “International Clinical Negligence – from the Cayman Islands to Cumbria” – Sarah Crowther QC…

Events 28 Feb, 2022

Supreme Court

Supreme Court dismiss appeal in FS Cairo (Nile Plaza) LLC v Lady Christine Brownlie

The Supreme Court has this morning dismissed the appeal of the Four Seasons hotel group, meaning that Lady Brownlie’s claims for personal injury and wrongful death arising out of the accident which killed her husband, Sir Ian Brownlie, in Egypt over 10 years ago, can proceed before the courts of England and Wales. The Court held by a majority (Lords Reed, Lloyd-Jones, Briggs and Burrows JJSC), that the jurisdictional gateway in tort claims pursuant to the civil procedure rules applies where a significant part of the damage is or will be sustained in England and Wales, notwithstanding initial or other damage also sustained outside the jurisdiction. It also held unanimously (Lord Leggatt JSC giving the main judgment on this issue)…

News 20 Oct, 2021

Vlog: The Spinal Injuries Series – Incomplete Spinal Cord Injuries

In the second episode of the Outer Temple Spinal Injuries Series, Nathan Tavares QC and Daniel Clarke consider personal injuries claims involving individuals with incomplete spinal cord injuries. Welcome to Outer Temple’s Spinal Injuries Series – a collection of short recorded discussions and presentations on various topics of interest related to spinal injury claims. Nathan and Daniel explore the particular challenges faced when making a claim for an incomplete spinal cord injury and the risk of underestimating long-term disability and under valuing the claim. Daniel explains the difference between a complete and incomplete spinal cord injury, as well as the different classifications for spinal cord injuries. Nathan explores the different challenges face in incomplete spinal cord injury claims, the first…

Webinars & Recordings 10 Aug, 2021

Event: Annual Travel Law Conference 2021

You are invited to join Outer Temple Chambers and guests for an afternoon of seminars and discussions. This will be a hybrid event, taking place in London and streamed online. The Agenda 1:30pm: Event Chair – Gerard McDermott QC will open and close this event1:45pm: The Great Escape: the scope of Article 4(3) – Ian Denham and Carin Hunt 2:15pm Product Liability and Clinical Negligence claims in France – Daniel Clarke and Solenn Le Tutour (Advocat, France)2:45pm: Recent issues with Rome II – Geert van Calster (Advocat and Academic, Belgium)3: 15pm Panel Discussion – Chaired by Sarah Crowther QC with: Eliot Woolf QC Will Young Louise Howard (Lanyon Bowlder) Jennifer Lund (Irwin Mitchell)4:00pm – Drinks at Middle Temple Bar  Gerard McDermott QC, Barrister Gerard McDermott QC is a…

Events 5 Aug, 2021

Outer Temple Talks; Brexit. The impact of Brexit on jurisdiction on contract claims

In the first of this mini-series of ‘Outer Temple Talks; Brexit’ vlogs, Helen Pugh and Dan Clarke discuss the impact of Brexit on jurisdiction in contract claims. Brexit impacts many aspects of the legal system. Members of Outer Temple Chambers have produced a series of short vlogs discussing some of the key issues, from commercial considerations to changes in travel and international injury law.   In this episode, Helen and Dan look at the impact of Brexit from a commercial point of view. As far as civil and commercial jurisdiction is concerned, there was a ‘hard’ Brexit with the UK falling out of Brussels 1A regime. Helen and Dan look at the implications for claims in contract.  A discussion about jurisdiction This vlog covers: Provisions of Brussels…

Webinars & Recordings 30 Apr, 2021

Mind Your Language! Interpreting EU Law Post-Brexit Against Other Language Versions -Covea Insurance Plc v Greenaway and Rocks [2021]

In this case note, Sarah Crowther QC, Dan Clarke and Joshua Cainer consider the recent appeal in Covea Insurance Plc v Greenaway and Rocks [2021] 3 WLUK 379. This was an appeal from a case management decision in which a motor insurer sought permission to obtain factual expert evidence as to the meaning of the word ‘stolen’ in other language versions of the Sixth Motor Insurance Directive (Directive 2009/103/EC). They consider that the Court was wrong, as a matter of legal principle, to entertain the introduction to the proceedings of factual evidence as to the interpretation of EU law in other Member States (four experts on each side). Such an approach was not justified under EU law interpretative principles even…

Legal Blogs 26 Mar, 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 Blogs 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 8 Jan, 2021

Court of Appeal upholds that tragic Egypt holiday RTA case can be brought home

Judgment was today handed down by the Court of Appeal in Brownlie v FS Cairo (Brownlie No 2). After years of legal wrangle, it upheld that the case of this tragic road accident whilst on holiday in Egypt can be heard in the Courts of England and Wales. The Court of Appeal (Underhill V-P, McCombe LJ, Arnold LJ dissenting) has followed the majority decision of the Supreme Court in Brownlie No. 1 and held that the meaning of “damage” in the tort jurisdiction gateway means “any substantial” damage. In so finding, it has concluded that Lady Brownlie can bring her claim for damages sustained in a road accident in Egypt in 2010 before the Courts of England and Wales. The…

News 29 Jul, 2020

Stopping the Clock – Limitation in Foreign Law Claims

Daniel Clarke explores the scope of the Rome II Regulation as laid out in Pandya v Intersalonika General Insurance Company. In Pandya v Intersalonika [2020] EWHC 273 (QB) the High Court has given an important decision on the extent to which, in case where a foreign law applies, it is the foreign law (as opposed to English domestic law) which determines the limitation issues. The facts in Pandya were, as in so many cases, very sad. The English-domiciled claimant was just fifteen when on 29 July 2012 she was hit by a motorcycle while crossing the road on holiday in Greece, suffering a serious brain injury. A claim was brought (on her behalf) directly against the motorcyclist’s Greek motor insurer.…

Legal Blogs 30 Jun, 2020

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