Construction Newsletter – Case note on the Court of Appeal’s decision in Building Design Partnership Ltd v Standard Life Assurance Ltd [2021] EWCA Civ 1793
Guidance on pleading and proving sampled or extrapolated claims Summary 1. Construction lawyers will be familiar with the use of sampling and extrapolation in presenting evidence to prove claims. They are commonly used, for example, in defects cases. The question for the Court of Appeal in this case, however, was whether a party could, in […]
28th January 2022
Galtrade Ltd v BP Oil International Limited [2021] EWHC 1796 (Comm)
The recent decision of Adrian Beltrami KC (sitting as a Deputy Judge of the High Court) provides useful guidance on the classification of the term that fuel oil must comply with contractual specifications, and addresses novel issues surrounding the calculation of damages for reliance loss and the use of counterfactuals where mitigating steps are taken […]
1st September 2021
Demand Bonds and International Arbitration: The Autonomy Principle Stands Tall
In April of this year, the High Court gave judgment in the case of Shapoorji Pallonji & Company Private Ltd v Yumn Ltd & Standard Chartered Bank [2021] EWHC 862 (Comm). This was an important decision on the operation of demand bonds, in the broader context of international arbitration. Simon Hale of 4 Pump Court appeared […]
25th August 2021
Case Note on Septo Trading Inc v Tintrade Limited: Interpretation of alleged inconsistencies between bespoke terms and standard forms
Introduction 1. On 18 May 2021 the Court of Appeal handed down its judgment in the case of Septo Trading Inc v Tintrade Limited [2021] EWCA Civ 718. While the case does not change the law, it provides a helpful outline as to the approach to be taken to interpreting alleged inconsistencies between bespoke terms […]
27th May 2021
Maritime Bulletin – Argos Pereira Espana SL & anor v Athenian Marine Ltd (mv “Frio Dolphin”)
Alexander Wright succeeds in first case establishing a right of equitable compensation against a subrogated insurer bringing foreign proceedings contrary to a forum clause. The Commercial Court has today handed down its judgment in the important case of Argos Pereira Espana SL & anor v Athenian Marine Ltd (mv “Frio Dolphin”) [2021] EWHC 554 (Comm). […]
10th March 2021
Construction Newsletter – How far can you go? Anti-suit injunctions, interim relief and ICC Arbitration Rules: SRS v Chemie Tech
Introduction and background The ICC Arbitration Rules permit parties to seek interim relief before courts in support of an arbitration. But it is a breach of any exclusive arbitration clause to seek a substantive ruling from a court on issues which should be referred to an arbitration. Where, then, is the dividing line between interim […]
12th November 2020
Maritime Bulletin – Eternal Bliss: Demurrage is not an exclusive remedy
It is not uncommon for voyage charterers to breach the charterparty by failing to load or discharge at the agreed rate and thus exceed the permitted laytime. It is also not uncommon for this to involve no other breach of the charterparty. Owners in such circumstances are entitled to demurrage at the stipulated rate. But […]
5th November 2020
International Arbitration Newsletter – The LCIA 2020 Update
In this edition of our International Arbitration Newsletter, Robert Scrivener considers the 2020 update to the LCIA Rules. A. The LCIA 2020 Update On 11 August 2020, the LCIA published[1] an updated set of arbitration rules (the “Rules”), due to come into effect on 1 October 2020. They also published an updated set of mediation […]
12th August 2020
Contact Tracing – The Ethical and Legal Issues
Anthony Speaight KC, Iain Munro and Anna Hoffmann Three members of chambers examine the ethical debate and legal issues surrounding the adoption of a contact tracing app. They conclude that the technology which the British Government has to date favoured raises a host of ethical dilemmas and legal challenges. The technological responses to the pandemic […]
3rd June 2020
Construction Newsletter – Important Decision from the Qatar Financial Centre Court of Appeal
Demand guarantees, strict compliance, and preclusion: Qatar Financial Centre Court of Appeal upholds enforcement of guarantees and provides guidance on the interpretation and application of the URDG. Key points The Court of Appeal of the Qatar Financial Centre (part of the Qatar International Court and Dispute Resolution Centre) has decided its first case relating to […]
13th May 2020
UK Government’s “Guidance on responsible contractual behaviour” – toothless for now, but laying foundations for further measures
On 7 May 2020, the Government published a document entitled “Guidance on responsible contractual behaviour in the performance and enforcement of contracts impacted by the COVID-19 emergency” (the “guidance”). In this short article, Sean Brannigan KC and Kajetan Wandowicz summarise the guidance, and discuss its potential implications for commercial parties. It was prepared jointly by the Cabinet Office and […]
12th May 2020
The Five ‘C’s for Commercial Parties
As companies react to the impact of the COVID-19 pandemic, Andrew Stevens sets out five practical pointers for commercial parties whose contracts have been impacted by the crisis. The full article is available here. To find out more about Andrew’s practice, please contact our clerks on +44(0)207 842 5555 or email [email protected]
24th April 2020
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