- Home/Publications/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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 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
Appeared in issue:
Volume 35 No. 08 - 11 November 2016