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20-07-2018 15:26:18 in Contract by Christopher Hanges
  In Goodlife Foods Limited v Hall Fire Protection Limited [2018] EWCA Civ 1371, the Court of Appeal held that the express alternative of insurance meant that a ‘far-reaching’ exclusion clause was reasonable pursuant to Unfair Contract Terms Act 1977.   Goodlife, a frozen-food production company, purchased a fire detection and suppression system from Hall Fire a...

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06-07-2018 18:35:35 in Aviation and Travel by Christopher Loxton
The CJEU holds that compensation under Regulation 261/2004 is not payable by the carrier who operated the flight under a wet lease   1. On 4 July 2018, the Court of Justice of the European Union (“CJEU”) handed down judgment in the case of Wirth and Others v Thomson Airways Ltd (“Wirth”)1. The case concerned who the operating air carrier was within the meaning of Art...

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24-04-2018 11:09:27 in Aviation and Travel by Christopher Loxton
The CJEU holds that compensation under Regulation 261/2004 is payable by carrier for delays or cancellations caused by its own employees’ wildcat strike 1. On the 17 April 2018, the Court of Justice of the European Union(“CJEU”) handed down judgment in the joined cases of Helga Krüsemann and Others v TUIfly GmbH (“Krüsemann”) [1,2]. 2. The a...

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15-12-2017 18:31:57 in General by Robert Pidgeon
Portia O’Connor won a landmark decision earlier this month when the Supreme Court unanimously decided to allow her appeal against the Bar Standards Board (BSB) and find that her claim was not time barred.  This decision stems from a line of litigation starting in 2010 when the BSB Complaints Committee brought 6 disciplinary charges against Ms O’Connor.  In May 2011 the Disci...

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05-12-2017 12:55:11 in Procedure by Jerome Wilcox
Business contracts have become the language and form of commercial transactions.  Their ubiquity is only surpassed by their functionality. They are useful for establishing one parties rights and obligations towards others as well as available remedies and dispute resolution mechanisms.  Contracts can also confer powers upon a party to decide on issues that affect another party.  As...

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29-11-2017 15:58:37 in General by Christopher Hanges
Litigation funding appears set to continue its exponential growth, with litigation funder Longford Capital Management LP announcing in September of this year that it had managed to raise a $500 million fund to support its litigation portfolios.  Longford Capital is a private investment company that provides funding to law firms, businesses, and individuals involved in large commercial disput...

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20-11-2017 18:22:03 in Aviation and Travel by Matthew Gillett
For many, the design and release of "Touch ID", a feature on all iPhones since 2013's iPhone 5S,[1] has changed the way we access our phones and protect the private information contained on them. Rather than requiring a code, Touch ID allows phone users to unlock their device[2] by holding their fingerprint over a touch-sensitive button. Passengers on Qantas flight QR-972 from Doha to Bali may n...

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17-11-2017 00:00:00 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 00:00:00 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...

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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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