Judgment handed down in Ocean Clap Shipping Limited v Global Offshore Services [2025] EWHC 1591 (Comm)
Judgment has been handed down in Ocean Clap Shipping Limited v Global Offshore Services [2025] EWHC 1591 (Comm). James Leabeater KC and Neil Dowers, instructed by Stephenson Harwood LLP, acted for the successful claimants, securing a judgment worth over US$ 75 million plus interest and costs. Background and Issues The claim arose out of two […]
10th July 2025
Empire Square: Legal Costs recoverable for RCO proceedings
At the beginning of June 2025, the First-tier Tribunal (Property Chamber) (Residential Property) (“FTT”) published another decision (Empire Square (LON/00BE/HYI/2023/0013 & LON/00BE/BSB/2024/0602)) examining the use of the s.124 jurisdiction under the Building Safety Act 2022 (“BSA”). A remediation contribution order (“RCO”) was made but the most interesting aspect of the decision concerned the award of […]
8th July 2025
Triathlon Homes LLP v Stratford Village Development Partnership: the failure of the Appeal and the practical...
The judgment in Triathlon Homes LLP v Stratford Village Development Partnership [2025] EWCA Civ 846, handed down by the Court of Appeal on 8 July 2025, marks a pivotal moment in the interpretation and application of the Building Safety Act 2022 (“BSA”). This article seeks to both summarise the Court of Appeal’s decision and explore […]
8th July 2025
The Supreme Court Judgment ‘URS v BDW [2025] UKSC 21’: outcome and practical guidance
The Supreme Court has today handed down its highly anticipated judgment in URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21. Background The case concerned developments known as ‘Capital East’ and ‘Freemens Meadow’. BDW was the developer and appointed URS to provide structural design services. The developments had various defects which resulted from an […]
21st May 2025
Introduction to Business Interruption Insurance
In recent years, the industry has been shaped by a series of global events: from the Covid-19 pandemic to armed conflicts and the growing frequency of extreme weather incidents such as floods and wildfires. Each of these crises has triggered complex disputes and, in turn, rapid developments in case law. At 4 Pump Court, our […]
8th April 2025
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
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