News & Events
News & Events
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…
Legal Blogs 10 Nov, 2021
On 15 and 16 October 2021, the Annual Conference of the Pan European Organisation of Personal Injury Lawyers was held in Málaga, Spain. This was the first conference held by PEOPIL since the pandemic started. Both Sarah Crowther QC and Ian Denham were invited to speak at the Conference. Sarah presented with Chris Deacon, Partner at Stewarts Law, on “UK – Post Brexit: Update on cross border personal injury claims, the Lugano Convention and international enforcement of judgments”. Sarah focused on the jurisdiction rules that currently apply in England and Wales post-Brexit. Ian spoke on “Remote assessments for medical legal reports: are they here to stay?” alongside Jack J. Casciato, a Partner at Clifford Law Offices in Chicago and Rebeca…
News 19 Oct, 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
Ian Denham looks back on the High Court decision of Griffiths v TUI UK Limited and considers the impact it has had on cross-border personal injury claims. Since the judgment in August 2020, defendants have sought to find new ways to challenge expert evidence. This has included seeking permission for their own expert evidence or calling the claimant’s expert to be cross-examined at trial. The results of these applications have varied from court to court. Ian looks at the recent judgment of HHJ Freedman, sitting at the County Court in Newcastle, where he heard an appeal in the matter of Taylor v TUI arising from a Deputy District Judge’s decision to order that an expert in a holiday illness case should attend trial to be…
Legal Blogs 5 Jul, 2021
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 15 Jun, 2021
In the first episode of the Outer Temple Spinal Injuries Series, Jonathan Hand QC and Ian Denham provide a short video presentation on care claims in spinal 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. Care is often the largest head of loss and can give rise to a wide range of issues. Jonathan and Ian discuss issues that they encounter frequently in their practice, which can often have a significant impact on the value of the claim. Jonathan considers the principles for the assessment of future care and how the outcome of these issues can often be uncertain. Jonathan considers…
Webinars & Recordings 25 May, 2021
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…
Webinars & Recordings 21 Apr, 2021
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…
Webinars & Recordings 6 Apr, 2021
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…
Webinars & Recordings 17 Dec, 2020
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 & Recordings 13 Oct, 2020
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 & Recordings 28 Sep, 2020
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 & Recordings 3 Sep, 2020
