Key Northern Ireland guidance on the meaning of “finally determined” for the purpose of the Building Safety Act 2022
The residents in one of the most high profile cases in recent history in Northern Ireland – Ulster Garden Villages and others -v- Farrans (Construction) Limited and others, otherwise known as “the Victoria Square case” – have prevailed in the Court of Appeal in Northern Ireland. In doing so, the Order arrived at by the […]
13th December 2024
Judgment handed down in Eronat v. CNPC International (Chad) Ltd and another – Simon Davenport KC
Bryan J has ruled on time periods in respect of a section 69 Arbitration Act 1996 appeal (and a section 66 enforcement application). The time period ruling also engaged contractual construction of a clause in a deed of indemnity which provided that the appeal could be brought “within 30 days after the decision is rendered”. […]
26th November 2024
Simon Davenport KC acts in Ellis Richards and others v The State of Trinidad and Tobago
Judgment was handed down in Ellis Richards and others v The State of Trinidad and Tobago in which Simon Davenport KC led Carsten Zatschler SC, Eamon Courtenay SC, Dr Kenny Anthony (the former prime minister of Saint Lucia), Gregory Pantin of Hamel Smith and Prof Happold. Simon was instructed by Miguel Vasquez of Hamel Smith. The case […]
14th November 2024
Court of Appeal judgment handed down in Unipolsai Assucurazioni S.p.A -v- Covéa Insurance Plc [2024] EWCA Civ 1110
Property catastrophe excess of loss reinsurance: was the outbreak of Covid-19 a “catastrophe” and aggregation of Covid-19 business interruption losses under hours clause. – – Reinsurance disputes come to court only rarely. And arbitration appeals reach the Court of Appeal infrequently. This case was, therefore, unusual. It was an appeal to the Court of Appeal […]
14th October 2024
The ATP Litigation
The decision of the Court of Appeal in London International Exhibition Centre Plc v Allianz Insurance Plc [2024] EWCA Civ 1026 is another milestone in the long-running litigation between policyholders and insurers in relation to the recovery of business interruption losses as a result of Covid-19. In its landmark decision in Financial Conduct Authority v […]
16th September 2024
Court of Appeal judgment handed down in Providence Building Services Limited v Hexagon Housing Association Limited
Court of Appeal judgment handed down in Providence Building Services Limited v Hexagon Housing Association Limited: Important further clarification of Contractor’s right of termination in the JCT 2016 D&B Contract Following on from the High Court judgment in Providence Building Services Limited v Hexagon Housing Association Limited on which Helen Dennis produced a note in […]
22nd August 2024
Judgment handed down in Peabody Trust v National House Building Council [2024] EWHC 2063 (TCC)
In Peabody Trust v National House Building Council [2024] EWHC 2063 (TCC), the High Court (TCC; Andrew Mitchell KC sitting as Deputy Judge of the High Court) handed down an important decision on when an insured’s cause of action under the NHBC Buildmark policy providing cover for contractor insolvency before practical completion arises. The judgment […]
16th August 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
Court of Appeal judgment handed down on abuse of process in £165m misrepresentation claim
The Court of Appeal has this morning handed down judgment in (1) Outotec (USA) Inc (2) Metso OYJ (formerly Metso Outotec OYJ) v MW High Tech Projects UK Limited [2024] EWCA Civ 844. The dispute concerns an energy from waste (EfW) project in Hull, which involves the gasification of refuse derived fuel. The Hull project […]
24th July 2024
Judgment handed down in tech transformation and BPO dispute, TCS v DBS
Judgment has been handed down today in the tech transformation and BPO dispute, TCS v DBS [2024] EWHC 1185 (TCC) (one of the Lawyer’s top 20 cases of 2023). Hot topics of interest to commercial practitioners include: notices in delay regimes (conditions precedent and estoppel); when a delay breach can be “irremediable” for the purposes […]
17th May 2024
Stephen Cogley KC and Simon Goldstone act in Contempt Application in Ahmad v Ouajjou & Perez
This long-running US$45m fraud claim (already the subject of decisions at [2022] EWHC 3087 (Comm) and [2023] EWHC 2666 (Comm) took a new turn on 29 April 2024 when the Defendants were each sentenced to 9 months’ imprisonment following their breach of a worldwide freezing order, granted by Mr Justice Jacobs following Simon Goldstone’s without […]
14th May 2024
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
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