i-law

Litigation Letter

Deleted words can come back to bite

Narandas-Girdhar v Bradstock [2016] EWCA Civ 88, 16 February 2016
Online Published Date:  11 November 2016

Injunction against call on performance bond refused

J Murphy & Sons Ltd v Beckton Energy Ltd [2016] BLR 448, [2016] EWHC 607 (TCC), 18 March 2016
Online Published Date:  11 November 2016

High Court clarifies formality requirements for calling on on-demand bonds

Lukoil Mid-East Ltd v Barclays Bank plc [2016] BLR 162, [2016] EWHC 166 (TCC), 27 January 2016
Online Published Date:  11 November 2016

Collateral lies not fatal to insurance claims

Versloot Dredging BV and Another v HDI Gerling Industrie Versicherung AG and Others (The “DC Merwestone”) [2016] 1 Lloyd’s Rep 468, [2016] UKSC 45, 20 July 2016
Online Published Date:  11 November 2016

Incorporation of arbitration clause from another contract

Barrier v Redhall Marine [2016] EWHC 381, 30 March 2016 (Arbitration Law, 19 May 2016)
Online Published Date:  11 November 2016

Supreme Court’s new take on sale of goods and actions for the price

PST Energy 7 Shipping LLC and Another v OW Bunker Malta Ltd and Another (The “Res Cogitans”) [2016] 1 Lloyd’s Rep 589, [2016] UKSC 23, 11 May 2016
Online Published Date:  11 November 2016

‘Forum non conveniens’ waiver clause not necessarily a bar to stay of proceedings

Standard Chartered Bank (Hong Kong) Limited and another v Independent Power Tanzania Limited and others [2016] 2 Lloyd’s Rep 25, [2016] EWCA Civ 411, 28 April 2016
Online Published Date:  11 November 2016

No luck for hobby farmers with sideways loss relief

Scambler v HMRC Farm Tax Brief Volume 32 Number 2, [2016] UK FTT 47, 26 January 2016
Online Published Date:  11 November 2016

Creditor of beneficiary has standing to challenge Will

Randall v Randall (2016) 30 TRU 05 2, [2016] EWCA Civ 494, 27 May 2016
Online Published Date:  11 November 2016

Causative potency in contributory negligence

Sabir v Osei-Kwabena Personal Injury Compensation Volume 31 Number 10 [2015] EWCA Civ 1213, 25 November 2015
Online Published Date:  11 November 2016

Upper Tribunal considers meaning of “disposal” and “asset”

Hardy v HMRC (2016) 30 TRU 06 4, [2016] UK UT 332 (TCC), 19 July 2016
Online Published Date:  11 November 2016

Discretionary trustees have to account to beneficiaries

Blades v Isaac and Another (2016) 30 TRU 03 3, [2016] EWHC 601(Ch), 21 March 2016
Online Published Date:  11 November 2016

Employer liable for home carer’s slip injury

Kennedy v Cordia (Services) LLP (Scotland) Personal Injury Compensation Volume 32 Number 2, [2016] UKSC 6, 10 February 2016
Online Published Date:  11 November 2016

(2) Mohamud v Morrison Supermarkets plc (2016) 310 LRI 4, Personal Injury Compensation Volume 32 Number 2, [2016] UKSC 11, 2 March 2016

This is the second Supreme Court judgment on vicarious liability, together with Cox v Ministry of Justice [2016] UKSC 10. This appeal concerned a supermarket customer who had been assaulted by an employee at one of the supermarket’s fuel..
Online Published Date:  11 November 2016

Vicarious liability still on the move

(1) Cox v Ministry of Justice (2016) 310 LRI 4, Personal Injury Compensation Volume 32 Number 2, [2016] UKSC 10, 2 March 2016
Online Published Date:  11 November 2016

Breach of fiduciary duty and wilful fraud in Will trust

Barnsley and Others v Noble (2016) 30 TRU 07 1, [2016] EWCA Civ 799, 2 August 2016
Online Published Date:  11 November 2016

Break notice must be served by party to the lease

Vanquish Properties (UK) Limited Partnership v Brook Street (UK) Ltd (2016) 30 COL 06 2315, [2016] EWHC 1508 (Ch), 23 June 2016
Online Published Date:  11 November 2016

Notice validly service despite change of landlord’s address

Levett-Dunn and Others v NHS Property Services Ltd (2016) 30 COL 05 2303, [2016] EWHC 943 (Ch), 26 April 2016
Online Published Date:  11 November 2016

Quiet enjoyment of the arts

Timothy Taylor Ltd v Mayfair House Corporation and Another (2016) 30 COL 05 2310, [2016] EWHC 1075 (Ch), 10 May 2016
Online Published Date:  11 November 2016

Administrative Court defines “exceptionality” test and orders funding for treatment

S (a child) (By her father & litigation friend M) v NHS England Personal Injury Compensation Volume 32 Number 6, [2016] Med LR 329, [2016] EWHC 1395 (Admin), 15 June 2016
Online Published Date:  11 November 2016

Unqualified rights to make internal alterations includes landlord’s fixtures

South Essex Partnership University NHS Foundation Trust v Laindon Holdings Ltd [2016] BLR 355, [2016] EWCA Civ 377, 19 April 2016
Online Published Date:  11 November 2016

‘May’ means ‘must’ in arbitration clause

Anzen Ltd and Others v Hermes One Ltd (British Virgin Islands) [2016] 1 Lloyd’s Rep 349, [2016] UKPC 1, 18 January 2016
Online Published Date:  11 November 2016

Tenant cannot assign lease to its guarantor

EMI Group Ltd v O & H Q1 Ltd (2016) 30 COL 04 2291, [2016] EWHC 529 (Ch), 16 March 2016
Online Published Date:  11 November 2016

Contra proferentem and notice requirements

Nobahar-Cookson v The Hut Group Ltd [2016] EWCA Civ 128, 22 March 2016
Online Published Date:  11 November 2016

Subjective versus objective intention of landlord to occupy premises for his own business

The Gulf Agencies Ltd v Ahmed (2016) 30 COL 02 2269, [2016] EWCA Civ 44, 3 February 2016
Online Published Date:  11 November 2016

Supreme Court’s latest word on implied terms

Marks & Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd (2016) 30 COL 07 2330, [2016] UKSC 72, 2 December 2015
Online Published Date:  11 November 2016

Oral variation not prevented by anti-oral-variation clause

Globe Motors Inc v TRW Lucas Varity Electric Steering Ltd (2016) 33 BLM 06 4, [2016] EWCA Civ 396, 20 April 2016
Online Published Date:  11 November 2016

Supreme Court curtails doctrine of penalty clauses

Cavendish Square Holding BV v El Makdessi and ParkingEye v Beavis [2016] BLR 1, [2015] UKSC 67, 4 November 2015
Online Published Date:  11 November 2016

Supreme Court balances mental health and open justice

R (on the application of C) v Secretary of State for Justice Personal Injury Compensation Volume 32 Number 4, [2016] UKSC 2, 27 January 2016
Online Published Date:  11 November 2016

Exclusion of consequential loss covers spread costs

Transocean Drilling UK Ltd v Providence Resources plc [2016] BLR 360, [2016] EWCA Civ 372, 13 April 2016
Online Published Date:  11 November 2016

The civil justice landscape

In this October issue of The Litigation Letter, the first since the summer break, we take the opportunity to review some of the most interesting judgments from the year to date. Below, Chantal-Aimée Doerries QC provides an overview of some of..
Online Published Date:  11 November 2016

Settlement with employer does not affect subcontractor’s liability for delay damages

Carillion Construction Ltd v Woods Bagot Europe Ltd, EMCOR and AECOM [2016] BLR 382, [2016] EWHC 905 (TCC), 28 April 2016
Online Published Date:  11 November 2016

Court of Appeal binds party to contract by conduct

Reveille Independent LLC v Anotech International UK Ltd (2016) 33 BLM 06 1, [2016] EWCA Civ 443, 6 May 2016
Online Published Date:  11 November 2016

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