Kajetan Wandowicz successful in XXX v Persons Unknown [2022] EWHC 2776 (KB)
Kajetan Wandowicz, instructed by Weightmans LLP, appeared on behalf of the successful claimant before Cavanagh J in XXX v Persons Unknown [2022] EWHC 2776 (KB). The claimant company, which had been the victim of a cyberattack, was granted summary judgment, and allowed to remain anonymous in the proceedings and published judgment. The case contains an […]
30th November 2022
Alex Hickey KC successful in Northumbrian Water Ltd v Doosan Enpure & Anor [2022] EWHC 2881 (TTC)
Alexander Hickey KC appeared for the successful claimant in Northumbrian Water Ltd v Doosan Enpure & Anor [2022] EWHC 2881 (TCC) (14 November 2022), the second case this year to consider whether an arbitration clause in a construction contract required the parties to refer any issues as to enforceability of an adjudication award. The claimant […]
21st November 2022
Lynne McCafferty KC successful in Thomas Barnes & Sons plc (in administration) v Blackburn with Darwen Borough Council [2022] EWHC 2598 (TCC)
On 17 October 2022, the Court handed down its judgment in Thomas Barnes & Sons plc (in administration) v Blackburn with Darwen Borough Council [2022] EWHC 2598 (TCC). Lynne McCafferty KC acted for the successful defendant. The case concerned a project for the construction of a new bus station in Blackburn. In 2014 Thomas Barnes […]
24th October 2022
TCC rules on arbitrability of adjudication enforcement disputes and notices of dissatisfaction- Gideon Shirazi
In Sefton MBC v Allenbuild [2022] EWHC 1443 (TCC), the TCC handed down judgment giving the latest word in the debate around the arbitrability of adjudication enforcement. Gideon Shirazi acted for Allenbuild. In 2005, Sefton MBC engaged Allenbuild under an NEC2 contract to build a waterpark known as Dunes Splash World. Over 12 years later, […]
26th August 2022
TCC ruling on the S&T rule- AM Construction v The Darul Amaan Trust [2022] EWHC 1478 (TCC
In AM Construction v The Darul Amaan Trust [2022] EWHC 1478 (TCC), the TCC gave judgment on an adjudication enforcement dispute involving the rule in S&T v Grove and issues around the delivery of a notice of adjudication. Gideon Shirazi acted for the successful contractor obtaining negative declarations about enforcement. The S&T rule In S&T […]
11th August 2022
Commercial Court clarifies requirements for appointing arbitrators in ARI v WXJ [2022] EWHC 1543 (Comm) – James Leabeater KC and Gideon Shirazi
In ARI v WXJ [2022] EWHC 1543 (Comm) Foxton J considered when an arbitrator is validly appointed under English arbitration law. James Leabeater KC and Gideon Shirazi acted for the party pseudonymised as WXJ. The facts of the case were that an LMAA arbitration clause required the arbitration respondent to appoint an arbitrator within a […]
25th July 2022
First English judgment on patent laundering in ASSIA v BT [2022] EWHC 1707 (Ch)- Gideon Shirazi
In ASSIA v BT [2022] EWHC 1707 (Ch), Falk J gave the first English judgment interpreting a patent laundering clause. Gideon Shirazi (with Nicholas Saunders KC of Brick Court) acted for the successful party, BT. Patent laundering clauses are clauses a type of clause commonly found in patent licences, especially those licensing use in the […]
22nd July 2022
Laurence Page successful in Nicholas James Care Homes Ltd v Liberty Homes (Kent) Limited
Introduction In Nicholas James Care Homes Ltd v Liberty Homes (Kent) Limited [2022] EWHC 1203 (TCC), the Technology and Construction Court granted a freezing injunction to a claimant in underlying adjudication enforcement proceedings for what is believed to be the first time. Laurence Page acted for the successful applicant. The background Liberty Homes was contracted […]
30th May 2022
Laurence Page successful in rare application for a freezing injunction in support of ongoing adjudication enforcement proceedings- Nicholas James Care Homes Ltd v Liberty Homes (Kent) Limited [2022] EWHC 1203 (TCC).
The Technology and Construction Court handed down its judgment on 19 May 2022 in the case of Nicholas James Care Homes Ltd v Liberty Homes (Kent) Limited [2022] EWHC 1203 (TCC). Laurence Page represented the successful Claimant in a rare application for a freezing injunction in support of ongoing adjudication enforcement proceedings. Liberty had issued […]
20th May 2022
James Purchas and Rebecca Keating successful in substantial pension mis-selling FCA case ‘Page & Ors. V Financial Conduct Authority’
The Upper Tribunal handed down its judgment on Wednesday 4 May in the case of Page & Ors. V Financial Conduct Authority. James and Rebecca represented the successful Financial Conduct Authority in its case against 5 individuals involving the transfer of more than 1,500 retail customers’ pensions totalling more than £60 million, which was invested […]
6th May 2022
Kajetan Wandowicz successful in an important case for the law of mistake ‘Longley v PPB Entertainment Limited & Ors [2022] EWHC 977 (QB)’
Mrs Justice Ellenbogen has handed down her judgment in Longley v PPB Entertainment Limited & Ors [2022] EWHC 977 (QB), in which Kajetan Wandowicz appeared as sole counsel for the successful defendants. The judgment contains an analysis on whether a defence of unilateral mistake can be established on the basis of the claimant’s constructive knowledge […]
3rd May 2022
The “Tai Prize”: permission to appeal refused by the Supreme Court
The Supreme Court has refused permission to appeal in The “Tai Prize”, so affirming the decision of the Court of Appeal ([2021] EWCA Civ 87; [2021] 2 Lloyd’s Rep 36). That decision, commented on more fully here, therefore stands as the leading authority on a number of important issues concerning inter alia the meaning of […]
25th April 2022
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