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
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
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