We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

Advanced Search

Advanced

Law Reports

Litigation Letter

: Supreme Court rules on unlawfulness of bedroom tax; Online Published Date : 14 December 2016 | Appeared in issue: Volume 35 No. 09 - 14 December 2016; R (on the application of Rutherford and another) v Secretary of State for Work and Pensions [2016] UKSC 58, 9 November 2016

: Supreme Court endorses wide exclusion in professional indemnity insurance policy; Online Published Date : 14 December 2016 | Appeared in issue: Volume 35 No. 09 - 14 December 2016; Impact Funding Solutions Limited v AIG Europe Insurance Ltd [2016] UKSC 57, 26 October 2016

: High Court limits scope of duty to warn in solicitor’s retainer; Online Published Date : 14 December 2016 | Appeared in issue: Volume 35 No. 09 - 14 December 2016; Cathal Anthony Lyons v Fox Williams LLP [2016] EWHC 2427 QB, 11 October 2016

: Court of Appeal assesses damages for loss of a chance; Online Published Date : 14 December 2016 | Appeared in issue: Volume 35 No. 09 - 14 December 2016; Anthony McGill v Sports and Entertainment Media Group and Others [2016] EWCA Civ 1063, 4 November 2016

: Court of Appeal sets the bar high for frustration; Online Published Date : 14 December 2016 | Appeared in issue: Volume 35 No. 09 - 14 December 2016; Armchair Answercall Ltd v People In Mind Ltd [2016] EWCA Civ 1039, 26 October 2016

: High Court endorses power to provide preventative drug for HIV; Online Published Date : 14 December 2016 | Appeared in issue: Volume 35 No. 09 - 14 December 2016; National Aids Trust v Secretary of State for Health [2016] Med LR 487, [2016] EWHC 2005 (Admin), 2 August 2016

: Adjudicator should disclose involvement in second adjudication involving one of the parties; Online Published Date : 14 December 2016 | Appeared in issue: Volume 35 No. 09 - 14 December 2016; Beumer Group UK Ltd v Vinci Construction UK Ltd [2016] BLR Plus 44, [2016] EWHC 2283 (TCC), 13 September 2016

: Drawing the line between costs budgeting and detailed assessment of costs; Online Published Date : 14 December 2016 | Appeared in issue: Volume 35 No. 09 - 14 December 2016; Valerie Elsie May Merrix v Heart of England NHS Foundation Trust [2016] EWHC B28 (QB), 13 October 2016

: Controversial but-for test for professional negligence clarified; Online Published Date : 14 December 2016 | Appeared in issue: Volume 35 No. 09 - 14 December 2016; Tiuta International Ltd v De Villiers Surveyors Ltd [2016] EWCA Civ 661, 1 July 2016

: Landmark decision on third-party funding of arbitrations; Online Published Date : 14 December 2016 | Appeared in issue: Volume 35 No. 09 - 14 December 2016; Essar Oilfields Services Ltd v Norscot Rig Management PVT Ltd [2016] EWHC 2361 (Comm), 15 September 2016

: High Court refuses to intervene on emergency relief; Online Published Date : 14 December 2016 | Appeared in issue: Volume 35 No. 09 - 14 December 2016; Gerald Metals SA v Timis and Others [2016] EWHC 2327 (Ch), 22 September 2016

: Court continues robust approach to on-demand securities; Online Published Date : 14 December 2016 | Appeared in issue: Volume 35 No. 09 - 14 December 2016; National Infrastructure Development Co Ltd v BNP Paribas [2016] EWHC 2508, 26 September 2016

: Revised Pre-Action Protocol for construction and engineering disputes now in force; Online Published Date : 14 December 2016 | Appeared in issue: Volume 35 No. 09 - 14 December 2016; The second edition of the Pre-Action Protocol for Construction and Engineering Disputes came into force on 14 November 2016, in response to criticisms about its effectiveness and efficiency – for example, the time required for responding to..

: Relaunch of Adjudication Pilot Scheme for professional negligence claims; Online Published Date : 14 December 2016 | Appeared in issue: Volume 35 No. 09 - 14 December 2016; The Adjudication Pilot Scheme was first launched for professional negligence claims in February 2015 under the supervision of Mr Justice Ramsey. The Pilot Scheme was inspired by the adjudication scheme for construction disputes, and was intended to..

: Commercial Court interprets limitation in Hague Rules; Online Published Date : 14 December 2016 | Appeared in issue: Volume 35 No. 09 - 14 December 2016; Vinnlustodin HF and Another v Sea Tank Shipping AS (The “Aquasia”) [2016] 1 Lloyd’s Law Rep Plus 75, [2016] EWHC 2514 (Comm), 14 October 2016

: Test case for disclosing identity of litigation funders; Online Published Date : 14 December 2016 | Appeared in issue: Volume 35 No. 09 - 14 December 2016; Stuart Barrie Wall v The Royal Bank of Scotland plc [2016] EWHC 2460 (Comm), 7 October 2016

: Admiralty Court persuaded that a vessel was scuttled; Online Published Date : 14 December 2016 | Appeared in issue: Volume 35 No. 09 - 14 December 2016; Kairos Shipping Ltd and Another v Enka & Co LLC and Others (The “Atlantik Confidence”) [2016] 1 Lloyd’s Rep Plus 73, [2016] EWHC 2412 (Admlty), 11 October 2016

: Negotiation period expenses not allowed as general average; Online Published Date : 14 December 2016 | Appeared in issue: Volume 35 No. 09 - 14 December 2016; Mitsui & Co Ltd and Others v Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG and Another (The “Longchamp”) [2016] 2 Lloyd’s Rep 375, [2016] EWCA Civ 708, 13 July 2016

: Small contribution to asbestosis held to be material; Online Published Date : 14 December 2016 | Appeared in issue: Volume 35 No. 09 - 14 December 2016; Carder v Exeter University [2016] EWCA Civ 790, 29 July 2016

: Court of Appeal upholds schedule for interim payments; Online Published Date : 14 December 2016 | Appeared in issue: Volume 35 No. 09 - 14 December 2016; Balfour Beatty Regional Construction Ltd v Grove Developments Ltd [2016] EWCA Civ 990, 13 October 2016

: High Court grapples with quantum in motor accident claim; Online Published Date : 14 December 2016 | Appeared in issue: Volume 35 No. 09 - 14 December 2016; XP v Compensa Towarzystwo SA and Bejger [2016] Med LR 570, [2016] EWHC 1728 (QB), 13 July 2016

: Ministry of Justice surprises industry with whiplash reforms; Online Published Date : 14 December 2016 | Appeared in issue: Volume 35 No. 09 - 14 December 2016; After rumours in October that the Justice Secretary would not proceed with whiplash reforms just yet, the Ministry of Justice surprises everyone with its announcement on 17 November 2016 that it would push through radical reforms for personal injury..

: Commercial Court upholds arbitrators’ finding that 9/11 attack was a single event; Online Published Date : 14 December 2016 | Appeared in issue: Volume 35 No. 09 - 14 December 2016; Simmonds v Gammell [2016] 1 Lloyd’s Rep Plus 74, [2016] EWHC 2515 (Comm), 14 October 2016

: Arithmetical error not an obstacle to enforcement of adjudication decision; Online Published Date : 14 December 2016 | Appeared in issue: Volume 35 No. 09 - 14 December 2016; Amey Wye Valley Ltd v The County of Herefordshire District Council [2016] EWHC 2368 (TCC), 3 October 2016

: Detainment of vessel for concealment of drugs not covered by insurance policy; Online Published Date : 14 December 2016 | Appeared in issue: Volume 35 No. 09 - 14 December 2016; Atlasnavios-NavegaÃ§Ã£o, LDA v Navigators Insurance Co Ltd and Others (The âB Atlanticâ) [2016] 2 Lloydâs Rep 351, [2016] EWCA Civ 808, 1 August 2016

: High Court adopts literal interpretation of development agreement; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Dooba Developments Ltd v McLagan Investments Ltd [2016] EWHC 2944 (Ch), 23 November 2016

: Court of Appeal rejects entitlement to recover overpayment; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Leslie v Farrar Construction Ltd [2016] EWCA Civ 1041, 1 November 2016

: High Court grapples with expert shopping; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Allen Tod Architecture Ltd v Capita Property and Infrastructure Ltd [2016] BLR 592, [2016] EWHC 2171 (TCC), 26 August 2016

: Court of Appeal upholds tobacco packaging regulations; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; 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

: Cautionary tale for landlord and tenant disputes; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Stratton and Another v Patel and Another [2016] EWHC 2031 (TCC) and [2016] EWHC 2032 (TCC), 3 August 2016

: Relief from forfeiture granted for contractual licence; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; General Motors UK Ltd v The Manchester Ship Canal Co Ltd [2016] EWHC 2960 (Ch), 30 November 2016

: High Court recasts scope of consequential loss; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Star Polaris LLC v HHIC-Phil Inc [2016] EWHC 2941 (Comm), 17 November 2016

: Supreme Court rewrites test for illegality defence; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Patel v Mirza [2016] 2 Lloyd’s Rep 130, [2016] UKSC 42, 20 July 2016

: Damages for pedestrian reduced for contributory negligence; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Adams v Gibson [2016] EWHC 3209 (QB), 26 October 2016

: Obituary: Gary Slapper, professor of fun and weird cases; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; 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..

: Right to occupy terminated by failure to repair; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Zas Venture Ltd v Forkner [2016] EWCA Civ 1062, 1 November 2016

: Supreme Court clarifies measure of recovery for victims of motor accidents abroad; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Moreno v The Motor Insurers’ Bureau [2016] UKSC 52, 3 August 2016

: Controversial Brexit decision appealed to Supreme Court; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; 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..

: Court of Appeal clarifies Dublin regime; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; 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

: Local authority not required to warn against obvious risks; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Edwards v London Borough of Sutton [2016] EWCA Civ 1005, 12 October 2016

: Court seised when divorce petition is issued; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Thum v Thum [2016] EWHC 2634 (Fam), 21 October 2016

: Maternity Care improvements include proposals for no-fault compensation for birth injuries; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; 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..

: Non-molestation and occupation orders not discharged; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; PF v CF [2016] EWHC 3117 (Fam), 2 December 2016

: Adoption order for Egyptian child granted; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Re Z (A Child: Egyptian fostering UK adoption) [2016] EWHC 2693 (Fam), 23 November 2016

: Defence of no contract prevents enforcement of adjudicator’s decision; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Dacy Building Services Ltd v IDM Properties LLP [2016] EWHC 3007 (TCC), 25 November 2016

: Court of Appeal orders indemnity costs against third-party funders; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; 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

: Rehearing for financial remedies due to non-disclosure not always from scratch; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; GW v GW [2016] EWHC 3000 (Fam), 23 November 2016

: Treatment for child ordered despite religious objections; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; An NHS Foundation Trust v T [2016] EWHC 2980 (Fam), 18 November 2016

: NHS Litigation Authority launches mediation service; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; 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..

: Family Judge suggests costs orders as cases go along; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; Re V (Human Fertilisation And Embryology Act 2008) [2016] Med LR 664, [2016] EWHC 2356 (Fam), 30 September 2016

: ACL poll: Costs budgeting not as effective as intended; Online Published Date : 28 December 2016 | Appeared in issue: Volume 35 No. 10 - 23 December 2016; 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..