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29 October 2021
Issue: 7954 / Categories: Case law , In Court , Law digest
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Law digests: 29 October 2021

Expert report

Griffiths v TUI UK Ltd [2021] EWCA Civ 1442, [2021] All ER (D) 47 (Oct)

The Court of Appeal, Civil Division, allowed the appellant travel company’s appeal against the decision of the Queen’s Bench Division, that the county court judge was not entitled to reject the uncontroverted report and evidence of the expert which had complied with the Practice Direction accompanying CPR Pt 35, thereby dismissing the respondent’s claim for damages arising out of breach of contract, in relation to a gastric illness which he suffered while on holiday in Turkey. The order had been made on the basis that on the balance of probabilities the medical evidence had not shown that the respondent’s illness had been caused by contaminated food or drink supplied by the hotel in a package holiday provided by the appellant. The court held that there was no rule that an expert’s report which was uncontroverted and which complied with CPR PD 35 could not be impugned in submissions and ultimately rejected by the judge. It depended

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Weightmans—Jason Slatcher

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NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
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