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Searching Content indexed under Litigation, Mediation & Arbitration by DAC Beachcroft LLP ordered by Published Date Descending.
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1
Scotland Stands Firm On The Discount Rate
In a move that is bound to delight pursuers and leave those - such as insurers and public bodies - footing the bill for claims that it will affect to say the least,...
UK
11 Oct 2019
2
Deprivation Of Liberty For 16/17 Year Olds - Supreme Court Decides
This is the question at the heart of the long running saga of D (A Child) which has finally reached its conclusion today with the highest court in the land ruling that the answer is ‘no'
UK
4 Oct 2019
3
Housebuilder Top Tip: Heads Of Terms – Proceed At Speed. Repent At Leisure
The High Court delivered a sobering reminder in June of this year in respect of the need for parties to be clear as to their intentions with regard to heads of terms.
UK
2 Oct 2019
4
It's All In The Timing: Bringing Claims Under SPA Tax Indemnities And W&I Insurance - A Review Of The Decision In Minera v Glencore
A large proportion of SPA warranty or indemnity claims under W&I policies over the last 10 years have not been claims under the general warranties, ...
UK
23 Sep 2019
5
Should An Organisation Be Liable For Injuries Suffered By A Volunteer Acting Contrary To An Express Instruction?
The question of whether an organisation should be liable for injuries suffered by a volunteer whilst performing an unauthorised act, contrary to an express prohibition, was considered by the High Court
UK
19 Sep 2019
6
Cost Budgeting In A Living Mesothelioma Case
Whilst mostly of academic interest rather than of broader practical relevance, an interesting case management decision was made by Master Thornett
UK
12 Sep 2019
7
Trading Names And Adjudication Referrals – Can A Jurisdictional Challenge Succeed?
An interesting challenge of jurisdiction case was recently heard in the Technology and Construction Court concerning an Adjudication brought against the trading name of the responding party
UK
3 Sep 2019
8
A Warning To Residential Occupiers – When Can The Exemption Against Adjudication Be Thwarted?
The recent decision of the Technology and Construction Court (TCC) in ICCT Ltd v Pinto [2019] EWHC 2134 (TCC) demonstrates circumstances in which residential occupiers
UK
3 Sep 2019
9
Identifying The ‘Primary Activity' On-Site – Engie Fabricom UK Ltd V MW High Tech Projects UK Ltd [2019] EWHC 1876 (TCC)
In Engie Fabricom UK Ltd v MW High Tech Projects UK Ltd, the Court refused to enforce an adjudicator's decision because it found that the Defendant had reasonable prospects of showing that the primary
UK
3 Sep 2019
10
The Court Of Appeal Provides Guidance On The Proper Interpretation Of Clauses Exempting Liability For Loss Or Force Majeure Clauses
1. The decision in Classic Maritime Inc v Limbungan Makmur SDN BHD [2019] EWCA Civ 1102, 2019 WL 02617095 has implications for parties drafting and negotiating force majeure and exceptions clauses.
UK
30 Aug 2019
11
The High Court Considers An Adjudicator's Decision And A Failure To Correctly Interpret A Contract
1. Willow Corp S.A.R.L. and MTD Contractors Limited [2019] EWHC 1591 (TCC) is one of the first reported cases regarding the severability of an adjudicator's decision.
UK
30 Aug 2019
12
Patient Safety Is Everyone's Responsibility: The New Patient Safety Strategy
On 1 April 2019, NHS Improvement and NHS England united as one. The NHS Patient Strategy was published shortly after, in July 2019, and marks a positive sea change in the evolving framework of patient safety.
UK
14 Aug 2019
13
Notification Of Circumstances – Clarification From The Court Of Appeal Euro Pools Plc v Royal & Sun Alliance Insurance Plc [2019] EWCA Civ 808
The Court of Appeal has examined a notification of circumstances which "might reasonably be expected to produce a Claim" in its recent decision in Euro Pools Plc v Royal & Sun Alliance Insurance Plc.
UK
14 Aug 2019
14
Service Of Proceedings: Is There A Duty To Correct Your Opponent's Mistake
In Woodward & another v Phoenix Healthcare Distribution Ltd1 the Court of Appeal applied the Supreme Court's decision in Barton2 and found that the Defendant had no duty to correct
UK
12 Aug 2019
15
Dreamvar Continued: Changes Made To The Law Society Code For Completion By Post
As of 1 May 2019, a new Code for Completion by Post has been implemented by the Law Society in light of last year's decision in Dreamvar (UK) Ltd v Mishcon de Reya and P&P Property
UK
9 Aug 2019
16
Access To Court Documents – Supreme Court Confirms Principles, Raises Issues
The Supreme Court has confirmed the principles governing whether a non-party can obtain documents from the court file – and to what documents a non-party is entitled.
UK
8 Aug 2019
17
Contract Interpretation – Conditions vs Innominate Terms
The recent case of Ark Shipping Co LLC v Silverburn Shipping (IoM) Ltd (M/V ‘ARCTIC') [2019] EWCA Civ 1161 caused the court to consider when a contractual
UK
6 Aug 2019
18
Private Prosecutions – An Update
We wrote in June 2018 about the key issues to consider in making the decision whether or not to pursue a private prosecution and in what circumstances it might be the right option.
UK
1 Aug 2019
19
Court Of Appeal Clarifies New Test For Dishonesty In Accountant's Accessory Liability Case
In a key decision of the Court of Appeal, an accountant was found to have dishonestly assisted breaches of trust and fiduciary duty in a very substantial fraud.
UK
29 Jul 2019
20
Notification Of Circumstances Under A Professional Indemnity Policy – The Court Of Appeal Clarifies The Scope And Effect Of A "Hornet's Nest" Notification
Claims against professional advisors, such as accountants, auditors and tax consultants often take months and even years to develop and reach fruition and, in many cases, claims will disappear altogether after...
UK
29 Jul 2019
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