Alexander Wright successful for charterers in Eternal Bliss appeal on exclusivity of demurrage as damages for delay in cargo operations

In an important judgment of the Court of Appeal handed down today, Alexander Wright (led by Christopher Hancock QC of 20 Essex Street) has successfully appealed the decision of Andrew Baker J in The “Eternal Bliss” [2020] 2 Lloyd’s Rep 419.  That decision concerned whether or not the payment of demurrage was an exclusive remedy […]

18th November 2021

TechLaw Chat – Episode 11

Episode 11 of Matthew Lavy and Iain Munro’s podcast series, TechLaw Chat, is now available. This episode, ‘Data protection representative actions: door slammed shut or door ajar?’ is a discussion of the ramifications of the Supreme Court’s decision in the Lloyd v Google litigation. The long-anticipated Supreme Court decision in Lloyd v Google [2021] UKSC 50 was handed down on […]

15th November 2021

Lloyd v Google – “Doomed to fail?”- Simon Henderson and Rebecca Keating

Simon Henderson and Rebecca Keating Introduction The Supreme Court has handed down its much-anticipated judgment in Lloyd (Respondent) v Google LLC (Appellant) [2021] UKSC 50. The judgment clarifies the law regarding (i) when damages may be awarded to individuals for the loss of control of their data and (ii) representative actions. The Supreme Court unanimously […]

11th November 2021

Limitation of liability: the Court of Appeal rules that a marina is a “dock” and can limit liability

Holyhead Marina Ltd v Farrer & ors [2021] EWCA Civ 1585 Overnight on 1 – 2 March 2018, Holyhead Marina was destroyed by Storm Emma, leading to the total loss of 89 vessels moored on the floating pontoons from which the marina was constructed. The total claim value was in the region of £5 million […]

3rd November 2021

IRLA Handbook 2021

The Insurance and Reinsurance Legacy Association (IRLA) will be publishing the IRLA Handbook: All You Need to Know About Legacy on 11 November 2021. Gideon Shirazi authored the chapters on: Cyber liabilities – the intended cover vs the expected cover Arbitration, mediation and alternative dispute resolution The Handbook is currently available for pre-order direct from […]

26th October 2021

Anti-suit injunctions: foreign proceedings in breach of an (alleged) English jurisdiction agreement.

In HAPPY LUCKY -v- FESCO VOYAGER, James Watthey successfully defeated an anti-suit injunction application in the Commercial Court in September. Judgment was given ex tempore and the transcript has just been approved. The application arose out of a collision off Vietnam. There were negotiations over applicable law, jurisdiction and security, but in due course owners […]

12th October 2021

Legal 500 2022 Rankings

4 Pump Court are delighted to be recognised in the latest edition of the Legal 500 UK Guide. Chambers have been described as a “leading commercial set of barristers” where “professional service is provided efficiently and thoroughly, with the highest standards”. Our clerks are “renowned for being responsive, commercially aware and efficient, with high standards.” […]

4th October 2021

Significant TCC case on JCT Final Account Provisions

On 15 September 2021, the TCC handed down judgment in CC Construction v Mincione [2021] EWHC 2502 (TCC), a case deciding a number of important points about the operation of the final account provisions in JCT contracts, and on adjudication enforcement. Gideon Shirazi acted for the successful employer. Notice of Making Good and Final Account […]

30th September 2021

The perils of unregulated introductions – postscript to Adams v Options SIPP after Avacade

Introduction In a previous article , we discussed in detail the judgment of the Court of Appeal judgment in Adams v Options UK Personal Pensions LLP [2021] EWCA Civ 474. In that case, an unregulated introducer was held to have carried out the regulated activity of making arrangements with a view to a person buying or […]

24th September 2021

An Insurer’s Questions: Interpretation and Waiver

The questions that an insurer asks prospective insureds on an application for insurance, and the answers given in response, can have important ramifications on the parties’ rights and obligations going forward. The proper interpretation of those questions can often prove crucial in determining whether the insured has complied with their obligation to disclose material facts […]

23rd September 2021

Severability of adjudicators’ decisions, and genuine belief in sum stated as due in payment notices

Construction analysis: In Downs Road v Laxmanbhai, the Technology and Construction Court provided important guidance on when an adjudicator’s decision may and may not be severed, so as to preserve the enforceable parts of an award which has been found to be unenforceable in part. The case also provides an example of an adjudicator’s decision […]

13th September 2021

Launch Party for Architect’s Legal Handbook

Following publication earlier this year of the 10th Edition of the Architect’s Legal Handbook, contributors, academics and industry professionals gathered at the RIBA to celebrate its launch with Mrs Justice O’Farrell DBE, Judge in Charge of the TCC, who spoke to welcome its publication. The handbook is co-edited by 4 Pump Court’s Anthony Speaight QC […]

9th September 2021

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