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

Cayman Islands Court of Appeal refuses application for permission to appeal in Re Virginia Solution SPC Ltd., CICA Civil...

The Cayman Islands Court of Appeal has dismissed an application for permission to appeal to the Judicial Committee of the Privy Council in the case of Re Virginia Solution SPC Ltd., CICA Civil Appeal No. 4 of 2022. In a judgment delivered on 10 November 2023, the Court accepted the submissions of Augusta Healthcare Inc., […]

23rd November 2023

Judgment handed down in Ahmad v Ouajjou & Perez

On 10 October 2023, Mr. Justice Jacobs handed down judgment following a substantive amendment application in Ahmad v Ouajjou & Perez, a fraud claim concerning loans made to fund the supply of PPE during the Covid-19 pandemic.  The judgment is a useful illustration of the approach that the Court will deploy when a defendant’s amendment […]

17th November 2023

Judgment handed down in Providence Building Services Limited v Hexagon Housing Association Limited: Important...

In an ex tempore judgment handed down by Mr Adrian Williamson KC (sitting as a judge of the High Court) on 7 November 2023, the Technology and Construction Court provided important clarification as to the effect of certain of the termination provisions included in the widely-used JCT Design and Build Contract 2016. The decision will […]

16th November 2023

The Cayman Islands Court of Appeal refuses application for permission to appeal in Kattina Anglin v The Governor of the...

The Cayman Islands Court of Appeal has recently refused an application for permission to appeal to the Judicial Committee of the Privy Council in the case of Kattina Anglin v The Governor of the Cayman Islands and Colours Caribbean, CICA Civil Appeal No. 6 of 2022. The Cayman Islands Court of Appeal accepted the submissions […]

7th November 2023

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