Grenfell and the Stretch to Pennsylvania for Punitive Damages
Introduction In Kristen Behrens, Esq., as Administratrix, et al. v. Arconic, Inc., et al [1] a US federal district court in Pennsylvania has dismissed on grounds of forum non conveniens claims brought by victims of the Grenfell Tower fire against: The US manufacturer of the combustible cladding tiles; and The US parent company of the […]
23rd November 2020
First Anti-Suit Injunction obtained in the Dubai International Financial Centre Courts
For the first time the DIFC Courts have issued an anti-suit injunction in favour of a party wishing to prevent on-shore Dubai Court proceedings in order to proceed with an Arbitration. In the order issued last week in Multiplex Constructions LLC v Elemec Electromechanical Contracting LLC, HE Justice Shamlan Al Sawalehi ordered the Defendant not […]
10th November 2020
Success for Alexander Wright and Ed Jones in Tuke v Hood & Anor [2020] EWHC 2843 (Comm)
Alexander Wright and Ed Jones have successfully acted for Michael Tuke FREng against Derek Hood, the former owner and proprietor of JD Classics Limited (“JDC”), formerly one of the world’s leading classic car dealers. Following the sale of his Orthopaedic business to Johnson & Johnson in 2009, Mr Tuke invested part of the proceeds in […]
27th October 2020
De facto and de jure Presidents – The Maduro Board of the Central Bank of Venezuela (Appellant) v The Guaidó...
Introduction On 5th October, the Court of Appeal handed down its judgment in The Maduro Board of the Central Bank of Venezuela (Appellant) v The Guaidó Board of the Central Bank of Venezuela (Respondent) [2020] EWCA Civ 1249. Nicholas Vineall KC, Joint Head of Chambers of 4 Pump Court, appeared for the successful Appellant. This […]
6th October 2020
Lissack and Horlick on Bribery and Corruption
Edward Garnier KC has contributed a chapter on Deferred Prosecution Agreements for the third edition of Lissack and Horlick on Bribery and Corruption, published by LexisNexis UK. In this new edition of this comprehensive work Edward, who developed DPAs for use in this jurisdiction when Solicitor General, offers a full overview of the DPA legislation […]
1st October 2020
FCA Business Interruption insurance test case
The Commercial Court has handed down judgment in the COVID-19 Business Interruption insurance test case of The Financial Conduct Authority v. Arch Insurance (UK) Ltd and Others [2020] EWHC 2448 (Comm). These expedited proceedings concerned numerous sample wordings of business interruption policies from eight leading insurers and were commenced in June 2020, leading to an urgent two week […]
17th September 2020
Webinar: Bond Calls in International Commercial Courts
Date: 6th October 2020Time: 12:00 – 13:00 GST / 09:00 – 10:00 BSTVenue: Zoom, details available upon registration Join Lynne McCafferty KC and Sanjay Patel for the latest of our international webinars. Performance bonds are an important feature of construction projects and are often used for tactical purposes, particularly where market conditions are challenging. This […]
Has a Bright Line Dispelled the Will o’ the Wisp?
SEVILLEJA (RESPONDENT) V MAREX FINANCIAL LTD (APPELLANT) Last week the Supreme Court handed down judgement (on 15 July 2020), in one of the most important commercial cases this year, Sevilleja v Marex Financial Ltd [2020] UKSC 31 (Sevilleja). Sevilleja was an appeal against a unanimous Court of Appeal decision to the effect that the rule […]
22nd July 2020
Simon Hale and Sanjay Patel Succeed for Main Contractor and Steelworks Subcontractor in the TCC
Following a 5-week trial in February, March and April 2020, 4 Pump Court’s Simon Hale and Sanjay Patel have successfully obtained judgment in the case of Blackpool Borough Council v Volkerfitzpatrick Limited and ors [2020] EWHC 1523 (TCC). The case concerned the Starr Gate Tram Depot in Blackpool. Blackpool brought wide-ranging claims that various key […]
18th June 2020
Freezing injunctions over ships: Crowther v Crowther & ors [2020] EWCA Civ 762
James Watthey appeared in this rare re-marriage (or perhaps collision) of the Divorce and Admiralty jurisdictions in the Court of Appeal. Mr and Mrs Crowther formerly ran a business which specialised in chartering out offshore support vessels but they are now in the process of heavily contested divorced proceedings. Mrs Crowther alleges that the couple […]
16th June 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
UK Government’s “Guidance on responsible contractual behaviour” – toothless for now, but laying foundations for...
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
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