‘In a brokers’ negligence claim, when is causation decided on the balance of probabilities and when is a loss of a chance analysis appropriate? Alice Nash considers this question in the light of a recent decision of Picken J in the context of a claim for failure to obtain insurance cover, where he said the loss of a chance approach should arguably prevail.’
Henderson Chambers, 14th May 2024
Source: www.hailshamchambers.com
‘This article examines whether the FTT’s recent decision in the Vista Tower case (CAM/26UH/HYI/2022/004, available on the FTT’s web-site) demonstrates a discernible pattern of decision-making following its first remediation order. The article will not comment on the terms of the order made in Vista Tower: that will be the subject of a later article. Instead, it will focus on the FTT’s approach to case management and whether its decision to make a remediation order was consistent with the reasoning in previous decisions. Obviously, consistency in approach, both in terms of case management and the final decision, will enable practitioners in this developing area of work to advise clients with greater certainty. In the absence of an appeal decision on remediation orders, consonance in first instance decisions will be welcome.’
Tanfield Chambers, 16th May 2024
Source: www.tanfieldchambers.co.uk
‘Prior to the coming into force of the Building Safety Act 2022 (“the BSA 2022”), local authorities already had the ability to take enforcement action in respect of residential premises where there was a hazard in relation to fire by virtue of Part I, Chapter I of the Housing Act 2004 (“the HA 2004”). Now, local authorities are among a class of interested persons who may apply for remediation orders under section 123 of the BSA 2022. What does a comparison of the two remedies say about how the First-Tier Tribunal should exercise their discretion in respect of remediation orders?’
Falcon Chambers, 13th May 2024
Source: www.falcon-chambers.com
‘Earlier this year, Butcher J handed down the judgment of the Commercial Court in the extraordinary case of Contax Partners Inc BVI v Kuwait Finance House and Ors [2024] EWHC 436 (Comm), ultimately putting to bed an attempt by fraudsters to purloin over £70 million from a banking group associated with the Kuwaiti sovereign wealth fund. What made this attempted fraud particularly noteworthy was that its central mechanism was an abuse of the processes of the court used to enforce arbitral awards.’
Gatehouse Chambers, 7th May 2024
Source: gatehouselaw.co.uk
‘Clauses requiring written notice of a warranty or other claim to be given by a specified deadline are a common feature of share purchase and other sale agreements. Often they are followed by a requirement that any claim be commenced within a further specified period of the giving of any notice of claim.’
Guildhall Chambers, 23rd May 2024
Source: www.guildhallchambers.co.uk
‘A High Court judge has been given a formal warning after it emerged that he had seen and commented on an independent assessment written for his application to join the Court of Appeal.’
Legal Futures, 13th June 2024
Source: www.legalfutures.co.uk
‘In this case, the claimants brought a claim arising from a RTA in May 2017.
Liability was in issue. The claimants alleged the defendant driver had driven his van into their car; whereas the defendant driver alleged that the claimant driver drove from a parked position into the side of his van. The defence pleaded that the claimants’ credibility and honesty would be challenged at trial.’
Parklane Plowden Chambers, 30th May 2024
Source: www.parklaneplowden.co.uk
Supreme Court
George v Cannell & Anor [2024] UKSC 19 (12 June 2024)
Court of Appeal (Civil Division)
Palladian Partners LP & Ors v Republic of Argentina & Anor [2024] EWCA Civ 641 (12 June 2024)
High Court (Administrative Court)
Grigorie v Valcea Law Court (Romania) [2024] EWHC 1436 (Admin) (12 June 2024)
Andrysiewicz v Circuit Court In Lodz, Poland [2024] EWHC 1399 (Admin) (11 June 2024)
High Court (Chancery Division)
Triplark Ltd v Whale & Ors [2024] EWHC 1440 (Ch) (12 June 2024)
Tom v Candey & Ors (Re Candey Ltd and Companies Act 2006) [2024] EWHC 1398 (Ch) (12 June 2024)
Wright & Ors v Chappell & Ors [2024] EWHC 1417 (Ch) (11 June 2024)
Hyde & Ors v Todd [2024] EWHC 1423 (Ch) (11 June 2024)
High Court (Commercial Court)
Terna Energy Trading DOO v Revolut Ltd [2024] EWHC 1419 (Comm) (12 June 2024)
High Court (Family Division) Decisions
C, Re [2024] EWHC 1433 (Fam) (12 June 2024)
ZZ v AA [2024] EWHC 1411 (Fam) (06 June 2024)
High Court (Patents Court)
Biontech SE & Anor v Curevac SE [2024] EWHC 1408 (Pat) (07 June 2024)
Samsung Bioepis UK Ltd v Alexion Pharmaceuticals, Inc [2024] EWHC 1407 (Pat) (06 June 2024)
High Court (King’s Bench Division) Decisions
BRS v Gadd [2024] EWHC 1403 (KB) (11 June 2024)
Doughty v Kazmierski [2024] EWHC 1393 (KB) (10 June 2024)
Source: www.bailii.org
‘This case was recently approved following a joint settlement meeting where the terms of settlement were that the Claimant (C), a protected party, was to be compensated by the payment of the lump sum of £4.5 million. The date of accident was in 2005. C met with her accident as the infant back seat passenger restrained in a child seat, when a car driven by her father was involved in a collision with a lorry. C’s father was severely brain injured in the accident. C at the time was only 15 months old, she was born in 2004, she is now 20 years old. Proceedings were issued in March 2013.’
Exchange Chambers, 31st May 2024
Source: www.exchangechambers.co.uk
‘A man who sold goods in the streets of Birmingham did not break the law as he was protected under an 1871 act by being a pedlar, the High Court has found.’
Local Government Lawyer, 12th June 2024
Source: www.localgovernmentlawyer.co.uk
‘A cyclist who seriously injured a pedestrian after crashing into her “at great speed” on a footpath has been jailed for eight months.’
BBC News, 12th June 2024
Source: www.bbc.co.uk
‘It was only a few months ago that the Upper Tribunal handed down the decision in Kay v Cunningham [2023] UKUT 251 (LC). In that case (in which the writer appeared for the successful applicant) the Tribunal established a number of novel points in relation to modification and discharge of restrictive covenants under s.84 of the Law of Property Act 1925 (see the Brew on this here). On 8 May 2024, a differently constituted panel gave a decision in Medley v Mackenzie and others [2024] UKUT 112 (LC), which provides further guidance as to the Upper Tribunal’s approach to the discretion stage in s.84 applications.’
Gatehouse Chambers, 28th May 2024
Source: gatehouselaw.co.uk
‘The High Court has rejected a legal challenge brought by a group of parents on behalf of their children against a decision by the Mayor of London to extend his Universal Free School Meals scheme for the academic year 2024-2025, but to continue to confine the scheme to state-funded primary schools.’
Local Government Lawyer, 12th June 2024
Source: www.localgovernmentlawyer.co.uk
‘Joseph Steadman of Wilberforce Chambers considers McHale v Dunlop, a recent claim for negligence and breach of fiduciary duty, arising from the loss of pension assets transferred into a SSAS and invested in an overseas investment scheme.’
Pensions Barrister, 13th June 2024
Source: www.pensionsbarrister.com
‘Last month, the Sentencing Council made changes to the Sentencing Guidelines. In particular, there were substantial modifications to the “Mitigating Factors” to be considered by sentencers. This article hopes to provide a digest of some significant alterations and question how they may work in practice.’
Guildhall Chambers, 29th May 2024
Source: www.guildhallchambers.co.uk
‘A contractual notice of claim for breach of warranty under an SPA set out a legally flawed measure of loss. The Particulars of Claim follow suit. Can the Particulars then be amended to plead the correct measure? Or is the deficient notice fatal to the whole claim?’
Littleton Chambers, 24th May 2024
Source: littletonchambers.com
‘Mr Chohan and Mr Ved knew each other from childhood. From 2008 Mr Ved ran his accountancy business, Sterling Associates, from part of the premises comprising 5TC pursuant to a series of licence agreements with the then tenant of 5TC, Eutopia Ltd (“Eutopia”).’
Gatehouse Chambers, 28th May 2024
Source: gatehouselaw.co.uk
‘Laura Tweedy and Gemma de Cordova, together with Oskar Musial and Helena Davies of Brabners Solicitors, consider the circumstances of a recently reported High Court decision (AIUL v Alex Wainwright and Persons Unknown [2023] 5 WLUK 613) granting a quia timet interim injunction against “urban explorers” who trespassed on an abandoned seminary building near Manchester.’
Gatehouse Chambers, May 29th 2024
Source: gatehouselaw.co.uk
‘Inadequate diagnosis and treatment of Frazer Williams’ mental health condition was among the probable causes of the 28-year-old’s death at HMP Guy’s Marsh, a jury unanimously found.’
Garden Court Chambers, 23rd May 2024
Source: www.gardencourtchambers.co.uk
‘In Landmark Space Limited v Chilambe [2024] EWHC 987 (KB), the High Court considered the circumstances in which applicants would be given permission to pursue contempt proceedings, and commit respondents to prison, for knowingly making false statements in an affidavit.’
Henderson Chambers, 2nd May 2024
Source: www.hendersonchambers.co.uk
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