i-law

Litigation Letter

Supreme Court rules on unlawfulness of bedroom tax

R (on the application of Rutherford and another) v Secretary of State for Work and Pensions [2016] UKSC 58, 9 November 2016
Online Published Date:  14 December 2016

Supreme Court endorses wide exclusion in professional indemnity insurance policy

Impact Funding Solutions Limited v AIG Europe Insurance Ltd [2016] UKSC 57, 26 October 2016
Online Published Date:  14 December 2016

High Court limits scope of duty to warn in solicitor’s retainer

Cathal Anthony Lyons v Fox Williams LLP [2016] EWHC 2427 QB, 11 October 2016
Online Published Date:  14 December 2016

Court of Appeal assesses damages for loss of a chance

Anthony McGill v Sports and Entertainment Media Group and Others [2016] EWCA Civ 1063, 4 November 2016
Online Published Date:  14 December 2016

Court of Appeal sets the bar high for frustration

Armchair Answercall Ltd v People In Mind Ltd [2016] EWCA Civ 1039, 26 October 2016
Online Published Date:  14 December 2016

High Court endorses power to provide preventative drug for HIV

National Aids Trust v Secretary of State for Health [2016] Med LR 487, [2016] EWHC 2005 (Admin), 2 August 2016
Online Published Date:  14 December 2016

Adjudicator should disclose involvement in second adjudication involving one of the parties

Beumer Group UK Ltd v Vinci Construction UK Ltd [2016] BLR Plus 44, [2016] EWHC 2283 (TCC), 13 September 2016
Online Published Date:  14 December 2016

Drawing the line between costs budgeting and detailed assessment of costs

Valerie Elsie May Merrix v Heart of England NHS Foundation Trust [2016] EWHC B28 (QB), 13 October 2016
Online Published Date:  14 December 2016

Controversial but-for test for professional negligence clarified

Tiuta International Ltd v De Villiers Surveyors Ltd [2016] EWCA Civ 661, 1 July 2016
Online Published Date:  14 December 2016

Landmark decision on third-party funding of arbitrations

Essar Oilfields Services Ltd v Norscot Rig Management PVT Ltd [2016] EWHC 2361 (Comm), 15 September 2016
Online Published Date:  14 December 2016

High Court refuses to intervene on emergency relief

Gerald Metals SA v Timis and Others [2016] EWHC 2327 (Ch), 22 September 2016
Online Published Date:  14 December 2016

Court continues robust approach to on-demand securities

National Infrastructure Development Co Ltd v BNP Paribas [2016] EWHC 2508, 26 September 2016
Online Published Date:  14 December 2016

Revised Pre-Action Protocol for construction and engineering disputes now in force

The second edition of the Pre-Action Protocol for Construction and Engineering Disputes came into force on 14 November 2016, in response to criticisms about its effectiveness and efficiency – for example, the time required for responding to..
Online Published Date:  14 December 2016

Relaunch of Adjudication Pilot Scheme for professional negligence claims

The Adjudication Pilot Scheme was first launched for professional negligence claims in February 2015 under the supervision of Mr Justice Ramsey. The Pilot Scheme was inspired by the adjudication scheme for construction disputes, and was intended to..
Online Published Date:  14 December 2016

Commercial Court interprets limitation in Hague Rules

Vinnlustodin HF and Another v Sea Tank Shipping AS (The “Aquasia”) [2016] 1 Lloyd’s Law Rep Plus 75, [2016] EWHC 2514 (Comm), 14 October 2016
Online Published Date:  14 December 2016

Test case for disclosing identity of litigation funders

Stuart Barrie Wall v The Royal Bank of Scotland plc [2016] EWHC 2460 (Comm), 7 October 2016
Online Published Date:  14 December 2016

Admiralty Court persuaded that a vessel was scuttled

Kairos Shipping Ltd and Another v Enka & Co LLC and Others (The “Atlantik Confidence”) [2016] 1 Lloyd’s Rep Plus 73, [2016] EWHC 2412 (Admlty), 11 October 2016
Online Published Date:  14 December 2016

Negotiation period expenses not allowed as general average

Mitsui & Co Ltd and Others v Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG and Another (The “Longchamp”) [2016] 2 Lloyd’s Rep 375, [2016] EWCA Civ 708, 13 July 2016
Online Published Date:  14 December 2016

Small contribution to asbestosis held to be material

Carder v Exeter University [2016] EWCA Civ 790, 29 July 2016
Online Published Date:  14 December 2016

Court of Appeal upholds schedule for interim payments

Balfour Beatty Regional Construction Ltd v Grove Developments Ltd [2016] EWCA Civ 990, 13 October 2016
Online Published Date:  14 December 2016

High Court grapples with quantum in motor accident claim

XP v Compensa Towarzystwo SA and Bejger [2016] Med LR 570, [2016] EWHC 1728 (QB), 13 July 2016
Online Published Date:  14 December 2016

Ministry of Justice surprises industry with whiplash reforms

After rumours in October that the Justice Secretary would not proceed with whiplash reforms just yet, the Ministry of Justice surprises everyone with its announcement on 17 November 2016 that it would push through radical reforms for personal injury..
Online Published Date:  14 December 2016

Commercial Court upholds arbitrators’ finding that 9/11 attack was a single event

Simmonds v Gammell [2016] 1 Lloyd’s Rep Plus 74, [2016] EWHC 2515 (Comm), 14 October 2016
Online Published Date:  14 December 2016

Arithmetical error not an obstacle to enforcement of adjudication decision

Amey Wye Valley Ltd v The County of Herefordshire District Council [2016] EWHC 2368 (TCC), 3 October 2016
Online Published Date:  14 December 2016

Detainment of vessel for concealment of drugs not covered by insurance policy

Atlasnavios-Navegação, LDA v Navigators Insurance Co Ltd and Others (The “B Atlantic”) [2016] 2 Lloyd’s Rep 351, [2016] EWCA Civ 808, 1 August 2016
Online Published Date:  14 December 2016

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.