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Searching Content indexed under Trials & Appeals & Compensation by Christopher Richards ordered by Published Date Descending.
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Rare Successful Challenge To Arbitral Award For "Serious Irregularity"
The recent Commercial Court decision in K & Others v P & Others provides a rare example of a party successfully challenging an arbitral award on grounds of serious irregularity.
UK
2 Jul 2019
2
Can A Threat To Take A Lawful Act Give Rise To Economic Duress?
Where one party to a contract (A) exerts illegitimate pressure on another (B) such that B has no practical alternative but to accede to A's demands ...
UK
7 Jun 2019
3
Arbitrator Qualifications - Does An Insurance Barrister Have "Experience Of Insurance"?
In Allianz Insurance Plc & Anor v Tonicstar Ltd [2018] EWCA Civ 434, the Court of Appeal decided that an arbitration clause which provided that the arbitrators must have ...
UK
23 Apr 2018
4
How Wide Is Your Settlement Agreement?
In the recent decision in Khanty-Mansiysk Recoveries Limited v Forsters LLP [2018] EWCA Civ 89, the Court of Appeal considered whether a settlement agreement in respect of unpaid fees...
UK
9 Mar 2018
5
How Do I Notify A Breach Of Warranty Claim?
In its recent judgment in Teoco UK Limited v Aircom Jersey 4 Ltd and another, the Court of Appeal considered the steps the claimant needed to take to provide a valid notification of claim under the warranties in a share purchase agreement.
UK
20 Feb 2018
6
Benefiting From Breach - When Will Damages Be Reduced?
In its judgment in Globalia Business Travel S.A.U. (formerly TravelPlan S.A.U) of Spain (Respondent) v Fulton Shipping Inc of Panama (Appellant) [2017] UKSC 43, the Supreme Court considered...
UK
14 Jul 2017
7
Court Orders Litigation Funder To Give Security For Costs
In a recent decision the High Court has confirmed that a defendant is able to obtain security for its costs from a claimant's litigation funder.
UK
4 Jul 2017
8
Contra Proferentem - Another Latin Principle Bites The Dust?
Contra proferentem is a legal principle which, broadly speaking, means that where there is ambiguity in a contract, a clause will be construed against the party who put it forward and seeks to rely upon it.
UK
20 Jun 2017
9
Adjudication Scheme For Professional Negligence Claims
A revised adjudication scheme for professional negligence claims has been launched recently, updating the original scheme that was launched in May 2015.
UK
31 Aug 2016
10
Defendant Can Recover Costs Of, And Incidental To, A Claim Issued But Not Served
The Chancery Court has confirmed a defendant in a professional negligence claim was entitled to its costs of, and incidental to, the claim when it was abandoned by the claimant after issue.
Canada
30 Aug 2016
11
Accountability Update - August 2016
The Court of Appeal upheld a decision that dismissal of a defence and counterclaim to a bank's claim for payment of debts prevented a fresh claim from being made against the bank on the same basis.
UK
30 Aug 2016
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