Judgment handed down in Vinci Construction UK Ltd v (1) Eastwood and Partners (Consulting Engineers) Ltd (2) Snowden...

This morning, the Technology and Construction Court handed down judgment in Vinci Construction UK Ltd v (1) Eastwood and Partners (Consulting Engineers) Ltd (2) Snowden Seamless Floors Ltd v GHW Consulting Engineers Ltd. The case concerned cracking in a floor slab at a large warehouse in Bradford. The judgment considers principles set out in the […]

24th July 2023

Simon Goldstone successful in s994 Companies Act (Unfair Prejudice) trial

This morning the Companies Court (ICC Judge Prentis) handed down judgment on a Petition concerning Mitt Wearables Ltd, a start-up company designing and manufacturing revolutionary prosthetic limbs. The Petition was brought by a co-founder who had been dismissed following what he said was a premeditated scheme to dilute his shareholding and misappropriate the Company’s assets. […]

19th July 2023

Commercial Court hands down judgment in BSkyB & Mace v Riverstone [2023] EWHC 1207 (Comm) in which Simon Goldstone...

Last month the Commercial Court handed down judgment in a £200m CAR Insurance claim between BSkyB & Mace v Riverstone. HHJ Pelling KC found that Insurers’ arguments concerning the period of insurance were correct and, in the premises, rejected the Claimants’ claims for indemnities for the costs of remedial schemes addressing damage that post dates […]

14th July 2023

Judgment handed down in Topalsson v Rolls-Royce Motor Cars [2023] EWHC 1756 (TCC)

Yesterday, the Technology and Construction Court handed down an interesting judgment in Topalsson v Rolls-Royce Motor Cars. The dispute was in relation to the Service Agreement for the supply of Future Configurator Landscape between Topalsson (a software and services company specialising in digital data visualisation based in Germany) and Rolls-Royce (a subsidiary of BMW). Terry […]

13th July 2023

Cayman Islands Court of Appeal delivers judgment in significant Constitutional case- Alex Potts KC

On 4 July 2023, the Cayman Islands Court of Appeal delivered judgment in a significant Constitutional case, arising out of a judicial review challenge to the Cayman Islands’ Governor’s enactment of the Civil Partnership Act 2020, using his Reserved Powers under sections 55 and 81 of the Constitution. Alex Potts KC appeared for the successful […]

5th July 2023

A significant development in Covid-19 BI insurance litigation – concurrent causation applies to “at the premises”...

On 16 June 2023, the High Court handed down judgment in the above matter ([2023] EWHC 1481 (Comm)), which involved members of chambers, Aidan Christie KC, Michael Davie KC, Martyn Naylor and Anna Hoffmann. The judgment considered the application of the analysis by the Supreme Court in the seminal case The FCA v Arch & […]

21st June 2023

Court of Appeal confirms role of commercial common sense in contract interpretation

On 26 April 2023, the Court of Appeal handed down judgment in ASSIA v BT [2023] EWCA Civ 451 which considered the correct interpretation of a patent laundering clause in a global patent cross-licence entered into as part of a settlement of global patent litigation between BT and ASSIA. Gideon Shirazi (led by Nicholas Saunders […]

16th May 2023

Judgment handed down in McGrath Tonner (A Law Firm) v McLean, CICA Civil Appeal No 13 of 2022

The Cayman Islands Court of Appeal delivered judgment last week in a case of considerable interest to the offshore legal profession, being McGrath Tonner (A Law Firm) v McLean, CICA Civil Appeal No 13 of 2022. Alex Potts KC appeared for the Respondent, instructed by Conyers. The appeal presented the first occasion on which the […]

9th May 2023

FK Construction Limited v ISG Retail Limited Judgment handed down

1. By an adjudicator’s decision dated 27 February 2023, Mr Allan Wood decided that ISG’s pay less notice in response to FK’s application for payment 16 was invalid and therefore a sum of £1,691,679.94 plus interest was due and owing to FK (the “Wood Decision”). ISG did not comply with the Wood Decision. FK issued […]

5th May 2023

Important TCC case about payment provisions in JCT contracts and Hutton v Wilson

On 30 March 2023, the TCC (Constable J) handed down judgment in Elements v FK Building [2023] EWHC 726 (TCC). Jonathan Lewis KC and Gideon Shirazi acted for the successful subcontractor. Elements was a subcontractor of FK Building for a modular construction project in Salford under a JCT SBCSub/C 2016 form (“the JCT Subcontract”). The […]

13th April 2023

TCC hands down judgment in (1) Avantage (Cheshire) Limited (2) Cheshire East Borough Council (3) Your housing limited...

Yesterday, the Technology and Construction Court handed down a judgment in the ongoing litigation in (1) Avantage (Cheshire) Limited (2) Cheshire East Borough Council (3) Your housing limited – and – (1) GB Building Solutions Limited (in administration) (2) PRP Architects Holdings Limited (4) Prestoplan Limited (5) WSP UK Limited (6) Mascot Management Limited [2023] […]

6th April 2023

Fiona Sinclair KC and Simon Hale successful in Sheffield Teaching Hospital Foundation Trust v (i) Hadfield Healthcare...

Yesterday, the Technology and Construction Court handed down summary judgment in Sheffield Teaching Hospital Foundation Trust v (i) Hadfield Healthcare Partnerships Limited (ii) Kajima Construction Europe (UK) Limited (iii) Veolia Energy & Utility Services UK PLC [2023] EWHC 644 (TCC). Fiona Sinclair KC and Simon Hale (instructed by Clyde & Co) successfully represented Hadfield Healthcare […]

23rd March 2023

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