How did a package holiday buffet meal impact the world of international arbitration? Charlotte Pope-Williams & Adam Riley explain
- Part one of a series of article by barristers from 3 Hare Court about both international arbitration and legal matters of universal application.
- Discusses Griffiths v TUI, in which the Supreme Court restated the 131-year-old rule in Browne v Dunn, requiring a party to use cross-examination to challenge the evidence of any witness of the opposing party on a material point which they wish to submit to the court should not be accepted.
- Goes on to consider the approach of UK and Commonwealth courts on applying the rule.
One may query what a case concerned with gastroenteritis and package holidays has to do with international arbitration. However, the case of Griffiths v TUI [2023] UKSC 48, [2024] 2 All ER 185 is a prime example of the UK’s Supreme Court articulating general propositions of law that are of universal application, irrespective of practice area, which could reverberate across the Commonwealth.
The rule in Browne v Dunn
Griffiths
