i-law

Litigation Letter

High Court adopts literal interpretation of development agreement

Dooba Developments Ltd v McLagan Investments Ltd [2016] EWHC 2944 (Ch), 23 November 2016
Online Published Date:  28 December 2016

Court of Appeal rejects entitlement to recover overpayment

Leslie v Farrar Construction Ltd [2016] EWCA Civ 1041, 1 November 2016
Online Published Date:  28 December 2016

High Court grapples with expert shopping

Allen Tod Architecture Ltd v Capita Property and Infrastructure Ltd [2016] BLR 592, [2016] EWHC 2171 (TCC), 26 August 2016
Online Published Date:  28 December 2016

Court of Appeal upholds tobacco packaging regulations

R (on the application of British American Tobacco UK Ltd and Others) v Secretary of State for Health [2016] EWCA Civ 1182, 30 November 2016
Online Published Date:  28 December 2016

Cautionary tale for landlord and tenant disputes

Stratton and Another v Patel and Another [2016] EWHC 2031 (TCC) and [2016] EWHC 2032 (TCC), 3 August 2016
Online Published Date:  28 December 2016

Relief from forfeiture granted for contractual licence

General Motors UK Ltd v The Manchester Ship Canal Co Ltd [2016] EWHC 2960 (Ch), 30 November 2016
Online Published Date:  28 December 2016

High Court recasts scope of consequential loss

Star Polaris LLC v HHIC-Phil Inc [2016] EWHC 2941 (Comm), 17 November 2016
Online Published Date:  28 December 2016

Supreme Court rewrites test for illegality defence

Patel v Mirza [2016] 2 Lloyd’s Rep 130, [2016] UKSC 42, 20 July 2016
Online Published Date:  28 December 2016

Damages for pedestrian reduced for contributory negligence

Adams v Gibson [2016] EWHC 3209 (QB), 26 October 2016
Online Published Date:  28 December 2016

Obituary: Gary Slapper, professor of fun and weird cases

It was with great sadness that we learned of the sudden passing of Professor Gary Slapper, who was well known both within legal circles and beyond for his passion in promoting a better understanding of the law globally. Professor Slapper’s..
Online Published Date:  28 December 2016

Right to occupy terminated by failure to repair

Zas Venture Ltd v Forkner [2016] EWCA Civ 1062, 1 November 2016
Online Published Date:  28 December 2016

Supreme Court clarifies measure of recovery for victims of motor accidents abroad

Moreno v The Motor Insurers’ Bureau [2016] UKSC 52, 3 August 2016
Online Published Date:  28 December 2016

Controversial Brexit decision appealed to Supreme Court

Earlier in November, three of the most senior judges of the land (Lord Thomas CJ, Lord Etherton MR and Sales LJ) handed down their judgment in R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 – the high profile..
Online Published Date:  28 December 2016

Court of Appeal clarifies Dublin regime

NA (Sudan) v Secretary of State for the Home Department; MR (IRAN) v Secretary of State for the Home Department [2016] EWCA Civ 1060, 1 November 2016
Online Published Date:  28 December 2016

Local authority not required to warn against obvious risks

Edwards v London Borough of Sutton [2016] EWCA Civ 1005, 12 October 2016
Online Published Date:  28 December 2016

Court seised when divorce petition is issued

Thum v Thum [2016] EWHC 2634 (Fam), 21 October 2016
Online Published Date:  28 December 2016

Maternity Care improvements include proposals for no-fault compensation for birth injuries

On 17 October 2016, the Department of Health in England published a strategic document aimed at improving the safety of maternity care in the NHS. The action plan contains measures which it is hoped will improve standards of care and safety in..
Online Published Date:  28 December 2016

Non-molestation and occupation orders not discharged

PF v CF [2016] EWHC 3117 (Fam), 2 December 2016
Online Published Date:  28 December 2016

Adoption order for Egyptian child granted

Re Z (A Child: Egyptian fostering UK adoption) [2016] EWHC 2693 (Fam), 23 November 2016
Online Published Date:  28 December 2016

Defence of no contract prevents enforcement of adjudicator’s decision

Dacy Building Services Ltd v IDM Properties LLP [2016] EWHC 3007 (TCC), 25 November 2016
Online Published Date:  28 December 2016

Court of Appeal orders indemnity costs against third-party funders

Excalibur Ventures LLC v Texas Keystone Inc; Texas Keystone Inc and others v Psari Holdings Ltd and Others [2016] EWCA Civ 1144, 18 November 2016
Online Published Date:  28 December 2016

Rehearing for financial remedies due to non-disclosure not always from scratch

GW v GW [2016] EWHC 3000 (Fam), 23 November 2016
Online Published Date:  28 December 2016

Treatment for child ordered despite religious objections

An NHS Foundation Trust v T [2016] EWHC 2980 (Fam), 18 November 2016
Online Published Date:  28 December 2016

NHS Litigation Authority launches mediation service

On 6 December 2016, the NHS Litigation Authority (NHSLA) launched its new mediation service, following a successful pilot and a public tender. The aim of the service is to help patients who have suffered injuries, their families and also healthcare..
Online Published Date:  28 December 2016

Family Judge suggests costs orders as cases go along

Re V (Human Fertilisation And Embryology Act 2008) [2016] Med LR 664, [2016] EWHC 2356 (Fam), 30 September 2016
Online Published Date:  28 December 2016

ACL poll: Costs budgeting not as effective as intended

The Association of Costs Lawyers has conducted a survey of its 117 costs lawyers on the effectiveness of the costs budgeting process, which has been in place for three years. A striking 72% of those surveyed said that solicitors sometimes went over..
Online Published Date:  28 December 2016

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