News & Events
News & Events
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
Ian Denham has written an article considering the recent judgment of Spencer J in Griffiths v TUI UK Limited [2020] EWHC 2268 (QB), which considered “a fundamental question concerning the proper approach of a court towards expert evidence which is ‘uncontroverted’”. The Court concluded that it was not open for the Court to examine the contents of an uncontroverted Part 35 compliant report and reject an expert’s reasoning if considered appropriate. This judgment contradicts the common practice where Courts would assess the reasoning behind an expert’s opinion in a Part 35 expert report whether it was controverted or not. The impact of this judgment will be felt widely but may be most keenly felt by tour operators defending holiday gastric…
Legal Blogs 1 Sep, 2020
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 & Recordings 17 Aug, 2020
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 & Recordings 3 Aug, 2020
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 & Recordings 20 Jul, 2020
Watch Ian Denham, Ana Romero Porro, Gerben Janson and Thomas Ricard in the second of a new series of travel law discussions hosted by Outer Temple’s Travel Law team; ‘OTC Travel Talks’. This episode continues to discuss limitation of personal injury claims in Spain, France, and the Netherlands (Part 2). Outer Temple’s Ian Denham spoke to three foreign personal injury specialists about limitation rules in their respective jurisdictions: Ana Romero Porro of Cremades & Calvo Sotelo (Spain); Gerben Janson of Leidse Letselschade Advocaten (the Netherlands); and Thomas Ricard of JP Karsenty & Associés (France). All of Ian’s guests have experience of giving Part 35 expert evidence in the English Courts. In Part 1, which you can watch here, Ana, Gerben, and Thomas answered these questions about limitation in their jurisdictions:…
Webinars & Recordings 29 Jun, 2020
Watch Ian Denham, Ana Romero Porro, Gerben Janson and Thomas Ricard in the first of a new series of travel law discussions; ‘OTC Travel Talks’. This episode on cross border law covers limitation of personal injury claims in Spain, France, and the Netherlands (Part 1). Outer Temple’s Ian Denham spoke to three foreign personal injury specialists about limitation rules in their respective jurisdictions: Ana Romero Porro of Cremades & Calvo Sotelo (Spain); Gerben Janson of Leidse Letselschade Advocaten (the Netherlands); and Thomas Ricard of JP Karsenty & Associés (France). All of Ian’s guests have experience of giving Part 35 expert evidence in the English Courts. Ana, Gerben, and Thomas answered these questions about limitation in their jurisdictions: What starts the limitation clock…
Webinars & Recordings 15 Jun, 2020
Ian Denham speaks in the PEOPIL Travel Law Seminar series. PEOPIL Seminars Ian Denham of Outer Temple Chambers recently spoke about the impact of COVID-19 on the UK’s legal system to members of PEOPIL, the Pan European Organisation of Personal Injury Lawyers. This was the third in a series of webinars hosted by PEOPIL in which lawyers from member countries discuss the effects of COVID-19 in their jurisdiction. Ian explained the UK courts’ approach to case management and remote hearings during COVID-19. He also identified practical problems faced by personal injury lawyers specifically in this context, including the lack of available medical experts and the inability to conduct in-person patient assessments during ‘lockdown’. Finally, he detailed the interplay between COVID-19…
Webinars & Recordings 13 May, 2020
