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17-11-2017 17:39:30 in Aviation and Travel by Mina Heung
The Court of Appeal was recently asked whether a couple could recover damages pursuant to the implied condition in section 4(2) of the Supply of Goods and Services Act 1982, ("the 1982 Act"), for harm suffered whilst on an all-inclusive holiday. In April 2011, Mr and Mrs Wood travelled to the Dominican Republic on holiday.  Whilst there Mr Wood suffered acute gastroenteritis and had to be ho...

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14-11-2017 11:25:51 in Commercial and Chancery by Samuel Jarman
Background Service charges are fees that homeowners often commit to pay under the terms of the lease they enter into when they purchase their homes.[1] They are increasingly common in share-of-freehold properties, and commonly include the costs of insurance, lighting, maintenance, cleaning and the repair of common parts such as lifts and gyms, as well as fees for the purchase, sale, sublet or al...

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03-11-2017 18:18:15 in Insolvency by Lawrence Power
In the early hours of the morning on 2 October 2017, Monarch Airlines flight ZB3785 from Tel Aviv to Manchester touched down. It was to be the Airlines' last flight, just under 50 years since its first, when its Bristol 175 Britannia 300 turboprop landed in Madrid. The collapse of the company resulted in the largest ever peacetime repatriation exercise, during which the Government and the Civil A...

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20-10-2017 14:26:01 in Aviation and Travel by Christopher Hanges
Background In June 2015 and July 2016, Paul Roberts, Deborah Briton and their two children visited the ever-popular holiday destination of Mallorca, the largest of the Balearic Islands. Upon return to the UK after their 2015 holiday, Ms Briton posted on her Facebook account: "Safely home after two weeks of sun, laughter, fun and tears. Met up with all our lovely holiday friends who made our holi...

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13-10-2017 18:31:38 in Aviation and Travel by Christopher Loxton
The Court of Appeal holds that compensation under Regulation 261/2004 is available for delay on connecting flights which start or end outside of the EU. 1. On the 12 October 2017, the Court of Appeal delivered judgment in the joined cases of Gahan v Emirates and Buckley and ors v Emirates [2017] EWCA Civ 1530, in which both the Civil Aviation Authority and the International Air Transport Associat...

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29-09-2017 18:44:43 in Procedure by Matthew Gillett
COST PRINCIPLES From the White Book and Cook on Costs CPR PARTS 44-47   PART 44 CPR – GENERAL RULES ABOUT COSTS  I. SUMMARY OF PART 44(2) CPR  A.THE COURT’S DISCRETION AS TO COSTS 44.2(1)- the court has a discretion as to (a) whether payable; (b) amount; and (c) when they are paid 44.2(2) - general rule is that costs follow the event, i.e. the unsuccessful p...

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22-09-2017 18:16:24 in Procedure by Lawrence Power
What Actually is a ‘Debt’? On 1st October 2017, the Pre-Action Protocol for Debt Claims, (the “Protocol”) is to come into force. This raises the question: what is a ‘debt’? For this Protocol, the only ‘guidance’ provided is on the Information Sheet (Annex 1), “you have received this [notice] because a business believes that you owe it money&rd...

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20-09-2017 17:52:03 in Procedure by Jerome Wilcox
  The Pre-Action Protocol for Debt Claims, (the “Protocol”), comes into force on 1st October 2017. The following article examines the concept of ‘debt’; this article focuses on the purpose, procedure and effects of the Protocol. The objective of a Pre-Action Protocol is to prescribe the conduct the court expects the parties to take prior to commencing legal proceedi...

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04-08-2017 16:32:49 in Procedure by Christopher Hanges
Lord Justice Jackson has tabled plans for extending fixed recoverable costs. He conceded that fixing it would not be possible without reform to procedures. Having previously suggested that fixed costs could be applied to all claims up to a value of £250,000, Jackson’s latest proposals account to a significant scaling back.  His report proposed finishing the job of introducing a f...

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10-07-2017 13:51:51 in General by 4KBW
The Head of Chambers sponsored female members of chambers to take part in the Women’s Forum. We were delighted to attend the Temple Women’s Forum Garden Party last week. This annual event was kindly ran by the Temple Women’s Forum, an organisation set up in 2012 with the view to supporting and encouraging women practitioners and judges throughout their careers at the Bar or ...

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28-06-2017 11:12:30 in General by 4KBW
Over the weekend, 4KBW’s newest tenant, Matthew Gillett, went viral on Twitter and made it onto the sport’s pages of the BBC website following a sartorial slip. Matthew is a Bristol City fan and season ticket holder. He pre-ordered the away shirt for the forthcoming 2017/18 season and when it arrived, all looked to be in order. However, after having worn it for a marathon training run...

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05-06-2017 14:20:47 in Aviation and Travel by 4KBW
In-Flight WiFi: How Gogo achieved its dominance  The in-flight WiFi provider ‘Gogo’ has a reputation for poor speed and connectivity, with travelers frequently complaining of the system’s slow speed compared to its price (costing up to $60). However, with Gogo possessing 80% of the market share the consumer often has no choice but to choose it as their in-flight WiFi provid...

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02-06-2017 19:01:32 in Procedure by 4KBW
Rule 44. 11 – Court’s powers in relation to misconduct: Part 44 of the Civil Procedure (Amendment) Rules 2013 (SI 2013/262) was re-enacted on 1st April 2013 and concerns the court’s powers in relation to misconduct. incur Where a party (a) fails to comply with a court rule in assessment or summary proceedings, or (b) acts unreasonably or improperly before or during proceedings t...

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30-05-2017 19:06:12 in Aviation and Travel by Christopher Loxton
The CJEU’s striking decision – Pešková examined On 4 May 2017, the Court of Justice of the European Union (“CJEU”) handed down judgment in the case of Marcela Pešková, Jirí Peška -v- Travel Service A.S. (C-315/15)[1] (“Pešková”). The case concerned the central question of whether a bird strike to an aircra...

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16-05-2017 12:19:03 in General by 4KBW
Mobile technology and the future of construction rental   Leasing construction equipmentis often a costly and time-consuming process. The equipment needs to be sourced, contracts need to be drawn up and signed, and delivery needs to be arranged. Getting the best deal might involve looking up dozens of potential providers to get quotes.   Those “in-the-know” in the industr...

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