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31 July 2015
Issue: 7663 / Categories: Case law , Law digest , In Court
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Shipping

The South West Strategic Health Authority v Bay Island Voyages [2015] EWCA Civ 708, [2015] All ER (D) 165 (Jul)

In a claim for personal injury brought against the appellant, the appellant sought a contribution from the respondent. The respondent successfully obtained summary judgment dismissing the claim on the basis that the right on which the personal injury claim had been brought had been extinguished through Art 16 of the Convention Relating to the Carriage of Passengers and their Luggage by Sea (the Athens Convention). The Court of Appeal, Civil Division, allowed the appeal. It held that the claim for a contribution had not been one to which the Athens Convention had applied. Further, the language of Art 16 was not such as to extinguish the right on which the claim was based.

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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