The FTT’s approach under BSA 2022, Section 124 : “defects”, “building safety risk” and “just and...
As is now well known, section 124 of the Building Safety Act 2022 (the “BSA”) confers jurisdiction on the First-tier Tribunal (Property Division) (“FTT”) to make a Remediation Contribution Order (“RCO”) “for the purpose of meeting costs incurred or to be incurred in remedying or otherwise in connection with, relevant defects”. An RCO can be made against […]
6th February 2025
“The Lord Hassan” [2024] EWHC 3305 (Comm): James Watthey obtains order for sale over liened third-party cargo
When can a shipowner sell liened cargo? In “The Lord Hassan”, the Commercial Court confirmed that shipowners can sell cargo over which it has had a lien for unpaid freight, even where that cargo belongs to a third party consignee. The Judge, Mr Justice Bryan, also clarified the position where “freight pre-paid” bills of lading […]
14th January 2025
The Supreme Court grants permission to appeal in Providence Building Services Limited v Hexagon Housing Association...
Supreme Court grants permission to appeal in Providence Building Services Limited v Hexagon Housing Association Limited on an important issue concerning termination provisions in JCT Design and Build Form 2016 Following on from the Court of Appeal’s judgment in the above case on which I produced a note in August of last year (See: Court […]
7th January 2025
Alex Potts KC authors JIBFL article on ‘Potential litigation risk in private credit and fund finance: disclosure,...
Alex Potts KC has recently published an article for the Journal of International Banking and Financial Law, on the subject of fund finance in the Cayman Islands, with the title ‘Potential litigation risk in private credit and fund finance: disclosure, consent and valuation’. In his article, Alex identifies the three main areas of litigation risk, […]
19th November 2024
Freehold and Leasehold Reform Act 2024: amendments in relation to ROs and RCOs under the Building Safety Act 2022 now in...
Introduction 1. The Freehold and Leasehold Reform Act 2024 (“FLRA”) received much media attention for the changes it introduced in relation to leaseholder rights. However, the Act (which was passed just before the prorogation of Parliament in May prior to the General Election) also introduced some important amendments to the Building Safety Act 2022 (“BSA”), […]
12th November 2024
Judgment handed down in arbitration appeal considering the recovery of loss of bargain damages under clause 14 of...
On 9 August 2024, the High Court handed down judgment in Orion Shipping and Trading Ltd v Great Asia Maritime Limited [2024] EWHC 2075. The dispute concerns the cancellation of a Memorandum of Agreement on the Norwegian Saleform 2012 form (the “MOA”) for the sale of a Capesize bulk carrier, the MV “Lila Lisbon” (the […]
12th August 2024
Jonathan Schaffer-Goddard summarises Tyson International Company v Partner Reinsurance Europe [2024] EWCA Civ 363 in...
Jonathan Schaffer-Goddard has produced a summary of Tyson International Company v Partner Reinsurance Europe [2024] EWCA Civ 363. This is an interesting Court of Appeal decision from earlier this year where the contractual dealings of the parties suggested two alternative forums (and laws) for the reinsurance contract. The judgment contains interesting observations about the English […]
8th August 2024
Quentin Tannock presents LexisNexis webinar on topic of foreseeability, remoteness and the burden of proof in tort
Quentin Tannock has presented a LexisNexis webinar on the topic of foreseeability, remoteness and the burden of proof in tort. The webinar will be distributed today to LexisNexis’s 27,000 subscribers. This webinar will be of interest to anyone pursuing or defending a claim in tort under English law and, in particular, to those pursuing or […]
26th June 2024
Alex Potts KC and Anna Hoffmann featured in Counsel article
Alex Potts KC and Anna Hoffmann are featured in a recent Counsel article following their instruction by Colours Caribbean to intervene in Ferguson v UK before the European Court of Human Rights. Anna Hoffmann leads a conversation with Dr Leo Raznovich, Alex Potts KC and solicitor members of the pro bono legal team reflecting on […]
10th June 2024
Alex Potts KC and Caroline Jackson co-author JIBFL article
“Crypto can be property – it is time for the debate to move on”. The ongoing swell of legal support for the proprietary potential of cryptoassets was recently challenged by Professor Robert Stevens in “Crypto is not property” (2023) LQR 139. In this responsive article, Caroline Jackson and Alex Potts KC write in defence of […]
28th March 2024
Ben Pilling KC and Ruth Bala co-author Butterworths article on shared appreciation mortgages
The trial of alleged mis-selling of shared appreciation mortgages by Bank of Scotland plc was listed for early 2024 but has very recently settled. In this article Ben Pilling KC and Ruth Bala review the issues that would have been tried. Did the ‘excessive’ finance charge generate an ‘unfair relationship’? Would the Court have used […]
12th February 2024
Yes, Slapps are a problem, but they are still pretty rare- Edward Garnier KC in The Times
Edward Garnier KC Thursday November 23 2023, 12.01am, The Times There has been plenty of sound and fury in parliament and the press this year about Slapps — strategic lawsuits against public participation. There is now a limited anti-Slapp provision in the Economic Crime and Corporate Transparency Act 2023 and as we near the next […]
27th November 2023
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