The Climate Crisis and the Role of the Courts and Professional Bodies
In recent weeks, the urgency of the climate crisis has been highlighted by scientists, politicians and royalty and all eyes will be on the COP26 Glasgow conference this month to see whether the politicians will be able to negotiate a deal which is fit for purpose. As environmental issues are increasingly emphasised, more disputes about […]
How does the court deal with uncontroverted expert evidence?
This week I am considering the case of Griffiths v TUI (UK) Limited [2021] EWCA Civ 1442 (CA) which was handed down in the Court of Appeal on 7 October. Earlier this year, in my post about the case of Oaklion Properties Ltd v Denbighshire County Council [2021], I explained that, when preparing for a […]
Winding up petitions: new restrictions
The current restrictions on winding up petitions are due to expire on 30 September 2021. They will be replaced by more limited restrictions which are set out in the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Schedule 10) Regulations 2021. According to the Insolvency Service, the changes are aimed at helping High Street […]
Penalties: don't be too extravagant
In Ahuja Investments Ltd v Victorygame Ltd, Surjit Singh Pandher Judge Hodge QC, sitting as a High Court Judge, was asked to consider whether a default interest rate in a loan agreement constituted a penalty. Judgment was handed down on 26 August 2021. Background The claimant, Ahuja Investments Limited (AIL) brought a claim against the […]
Construction Contracts and Collateral Warranties
I am taking a look at collateral warranties this week and the Technology and Construction Court decision in the case of Toppan Holdings Limited and 1 other v Simply Construct (UK) LLP. Background The claimants made an application to court for summary judgment to enforce adjudication decisions against the defendant, Simply. Simply had undertaken construction […]
Preservation of evidence: Chubb European Group SE v Hiscox Insurance and Hawkins & Associates Ltd
It has been a while since I looked at an insurance dispute so this week I have chosen to review Chubb European Group SE v Hiscox Insurance and Hawkins & Associates Ltd [2021] EWHC 1808 (TCC). Judgment was handed down on 9 June 2021. The case was concerned with Chubb’s application for an order seeking […]
Original and best: Advancing a claim without the primary document
What happens if you want to bring a claim, but you no longer have the original version of the key document you need to support your case? This is a point which the Court of Appeal was asked to consider in the case of Goodison v PRA Group (UK) Limited. Background The appellant, G, had […]
Determining the scope of a professional’s duty: a new approach
Two important decisions were handed down by the Supreme Court on 18 June 2021. The cases will be of interest to all professionals because they address the approach the court will take when ascertaining an adviser’s duty of care. The cases of Manchester Building Society v Grant Thornton, a case involving accountants, and Khan v […]
Enforcement of adjudication awards: Prater Limited v John Sisk & Son [2021]
Prater Limited v John Sisk & Son (Holdings) Limited was handed down in the TCC in April 2021. The case will be of interest to lawyers and construction professionals managing the enforcement of adjudication awards. In the context the enforcement of an adjudication decision, the court was asked to determine whether the adjudicator had jurisdiction […]
Applications for pre-action disclosure: specific, timely and fair
In this week’s Weekly Law Review, I have chosen to look at the case of Domestic and General Insurance Plc v HomeShield Direct Ltd [2021] 4 WLUK 278. Fellow litigators will know just how tough it is to get a pre-action disclosure order, and this case reinforces that fact. It also serves as a useful […]