Alex Potts KC has appeared before the Grand Court of the Cayman Islands
Alex Potts KC has appeared as Leading Counsel before the Grand Court of the Cayman Islands in three different judgments published by the Court in March 2024 and April 2024. In the case of Raiffeisen Bank International AG v Scully Royalty Ltd et al, Grand Court of the Cayman Islands, FSD 0162 of 2019 (RPJ), […]
22nd April 2024
Building Liability Orders – Essential new guidance from the TCC
In an ex-tempore judgment handed down in the case of Wilmott Dixon -v- Prater and others last Thursday 21st March Jefford J, gave important new guidance in relation to a new and developing front in construction litigation – Building Liability Orders under s.130 of the Building Safety Act 2022. The Background. The case concerns allegations […]
25th March 2024
Judgment handed down in SY Roro 1 PTE Ltd & Anor v Onorato Armatori SRL & Ors [2024] EWHC 611 (Comm)
James Leabeater KC and Edward Jones have represented owners seeking redelivery of two ferries arising out of change of control terminations of bareboat charterparties. Having secured awards in an expedited arbitration before Christmas, they have now appeared in a related expedited Commercial Court trial, culminating in a judgment handed down on 21 March 2024 requiring […]
21st March 2024
Judgment handed down in the matter of Financial Conduct Authority v (1) Wealthtek LLP (2) Jonathan Edward Dance
Judgment was handed down last week in the matter of Financial Conduct Authority v (1) Wealthtek LLP (2) Jonathan Edward Dance. This is the latest decision from the Chancery Division in these proceedings brought by the regulator arising from its investigation into WealthTek LLP and Mr John Dance in which James Purchas has been representing the FCA […]
5th March 2024
Supreme Court holds that a contractual pre-estimate of loss is only recoverable from a negligent stranger in tort if the...
On 14 February 2024, the Supreme Court handed down judgment in the case of Armstead v Royal & Sun Alliance Insurance Company Limited [2024] UKSC 6. The case addresses fundamental issues “in applying the tort of negligence in a situation where economic loss, comprising a contractual liability to pay a sum of money, has resulted […]
14th February 2024
Quentin Tannock successful in Costcutter Supermarkets Group Limited v Vaish and Another [2024] EWHC 152 (KB)
On 29 January 2024, Mr Justice Constable handed down judgment in an appeal in Costcutter Supermarkets Group Limited v Vaish and Another [2024] EWHC 152 (KB). Following a five-day trial, the trial judge held that goods worth £280k had been delivered to three stores by Costcutter and dismissed a £1m counterclaim by the owners of […]
30th January 2024
New Commercial Court judgment clarifies the purpose and scope of the Russian Sanctions Regulations
In his recent judgment in the case of AerCap Ireland Ltd v AIG Europe SA & Ors [2024] EWHC 144 (Comm), Mr. Justice Butcher has clarified the meaning and effect of Regulations 28, 29, and 29A of the Russia (Sanctions) (EU Exit) Regulations 2019, in the context of an application for disclosure of documents by […]
29th January 2024
Supreme Court of Bermuda grants application to strike out evidence in advance of trial
In a judgment delivered on 19 December 2023, the Supreme Court of Bermuda has granted an application to strike out inadmissible evidence in advance of trial, in the case of Chishti v Afiniti Ltd [2023] SC (Bda) 98 Civ. The proceedings relate to pending claims made by Mr. Chishti, the former CEO of Afiniti Ltd, […]
21st December 2023
Mek Mesfin successful in Glovers v Fluid [2023] EWHC 3219 (TCC)
On Friday 15 December 2023, HHJ Stephen Davies (sitting as a Judge of the High Court) handed down judgment following an application for reverse summary judgment brought by the defendant structural engineers in the case of Glovers v Fluid [2023] EWHC 3219 (TCC). The Claimants’ claims are for two types of loss: (1) expenditure […]
18th December 2023
Anna Hoffmann successful in Ben Line Agencies (Malaysia) Sdn Bhd v Acteon Integrated Solutions Ltd
On 6 December 2023, HHJ Pelling KC heard an application in this matter. The Claimants had applied to amend their Particulars of Claim after these had been found to be insufficiently pleaded at a previous hearing. The Defendants resisted the amendments on the grounds that the claims, all of which were exclusively pleaded in contract, […]
13th December 2023
Can offshore works be subject to statutory adjudication? New TCC judgment
Those involved in offshore construction will wish to take note of a TCC judgment handed down on 8 December 2023 regarding the territorial reach of Part II of the Housing Grants Construction and Regeneration Act 1996 as amended (“the Construction Act”) which Act imposes compulsory adjudication and payment provisions on certain construction contracts. Whilst it […]
8th December 2023
Court of Appeal Clarifies Compulsory Mediation: lawful so long as “the very essence of the claimant’s right to...
Earlier this week, the Court of Appeal (CoA) handed down the much-anticipated judgment in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA CIv 1416 (read our previous post about key issues in the case here). Sir Geoffrey Vos (Master of the Rolls) gave the judgment with which Lord Justice Birss and Lady Carr (Lady Chief Justice) […]
1st December 2023
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