Anthony Speaight KC acted for the successful party in a case which demonstrates the possibilities of pleading a claim in estoppels
In Mears Ltd v Shoreline Housing Partnership Ltd a housing association invited tenders for a contract whose draft documents provide for it to be operated and paid on what might for simplicity be called basis A, a basis involved cost/value reconciliations every 6 months. The Claimant was the successful tenderer. Then there was a meeting […]
6th June 2015
Peter Hamilton represents successful income protection insurer
Peter Hamilton represented successful income protection insurer in its claim against a fraudulent insured and secured the setting aside of two awards by the Financial Ombudsman Service (FOS) on the grounds that they were obtained by fraud. In 2007, a self-employed steelwork draughtsman, Mr C Parkin, applied to the Cirencester Friendly Society for income protection […]
29th May 2015
Alexander Hickey wins on a novel point of causation of loss in valuer’s negligence claim
In Tuita International Ltd (in Liquidation) v De Villiers Surveyors Ltd (Chancery Division 20 March 2015) the Court granted summary judgment on a novel point of causation of loss in valuer’s negligence claims where there has been re-financing and re-mortgage. Under a Facility agreed in April 2011 the Lender loaned the Borrower £2.5 million, relying […]
21st May 2015
AFD Software v DCML Ltd provides a sobering example of over-zealous sales representatives
A recent High Court judgment in a software licensing dispute underlines the dangers lurking from pre-contract sale representations. Richard Osborne reports on the case and suggests a strategy for minimising the dangers. More than once statements made by the over-zealous sales representatives of companies have returned to haunt their lawyers years later. A recent case […]
30th April 2015
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