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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