News & Events
News & Events
In this case note, Sarah Crowther QC, Dan Clarke and Joshua Cainer consider the recent appeal in Covea Insurance Plc v Greenaway and Rocks [2021] 3 WLUK 379. This was an appeal from a case management decision in which a motor insurer sought permission to obtain factual expert evidence as to the meaning of the word ‘stolen’ in other language versions of the Sixth Motor Insurance Directive (Directive 2009/103/EC). They consider that the Court was wrong, as a matter of legal principle, to entertain the introduction to the proceedings of factual evidence as to the interpretation of EU law in other Member States (four experts on each side). Such an approach was not justified under EU law interpretative principles even…
Insights 26 Mar, 2021
Jennifer Seaman has prepared a case note on the recent Court of Appeal case of PricewaterhouseCoopers LLP v BTI LLC 2014, covering abuse of process in professional negligence proceedings. On 11 January 2021, the Court of Appeal handed down its judgment in PricewaterhouseCoopers LLP v BTI 2014 LLC [2021] EWCA Civ 9. One of the issues the Court of Appeal was asked to consider was whether there was an abuse of process by BTI in bringing professional negligence proceedings against PwC, by way of collateral attack on an earlier decision of Mrs Justice Rose. Jennifer Seaman explores the Court of Appeal’s judgment on abuse of process and highlights some practical points to be taken from the case. Jennifer’s article can be read…
Insights 11 Mar, 2021
Clare Baker summarises the judgment from the Supreme Court in FCA v Arch Insurance (UK) Ltd and others [2021] UKSC 1 and explores the next steps for policyholders. In the last edition of this newsletter, Clare Baker discussed the High Court’s judgment in the business interruption insurance test case brought by the FCA on behalf of policyholders affected by the COVID-19 outbreak which can be read here. The judgment was broadly favourable to the FCA (and therefore policyholders) although it did not find that the defendant insurers were liable across all of the sample policy wording. Both sides appealed parts of the judgment using the “leapfrog” procedure and the Supreme Court heard the appeals from 16-19 November 2020 by video…
Insights 11 Mar, 2021
Anson Cheung provides a brief guide to the way that trial witness statements will be prepared as a result of the new Practice Direction 57AC. The new Practice Direction 57AC comes into force on 6 April 2021. It concerns witness statements for use at trials in the Business and Property Courts signed on or after 6 April 2021. This will involve a fundamental re-think to how such witness statements are produced. The Purpose of Practice Direction 57AC The judges of the Commercial Court felt that witness statements had become “ineffective” in achieving best evidence at proportionate cost in Commercial Court trials. In other words, witness statements were too long, sometimes strayed into submissions and were rarely in the witnesses’ own…
Insights 11 Mar, 2021
With a new administration, John McKendrick QC and Sophie O’Sullivan consider what effect this key shift in US values will have on its sanctions policy. From his inaugural address in January 2021 calling for “unity not division”, President Biden has already sought to characterise his Administration as one which will embrace multilateralism and global co-operation. Biden’s promise that the USA “will repair our alliances and engage with the world once again” was both a declaration of his own political ideology and a clear rejection of his predecessor’s core mantra and foreign policy (or lack of) model of ‘America First’. What effect will this key shift in US values have on its sanctions policy? In this article, John McKendrick QC and…
Insights 11 Mar, 2021
In this article, Peter Linstead considers the use of applications for orders permitting a search of a defendant’s computers and electronic devices, including why they are useful and also their limitations. Applications for orders permitting a search of a defendant’s computers and electronic devices are routinely sought in cases involving employee competition and claims based on the misappropriation of IP. This is commonly at the outset of proceedings, in tandem with an interim injunction application. The High Court has been receptive to these applications in the last few years, to varying degrees. This article considers the reasons for, and the limits of, these applications, including a recent pronouncement on the relevant principles by the Court of Appeal. Peter’s article can…
Insights 11 Mar, 2021
Andrew Spink QC and Helen Pugh signpost the potential impacts of the Pensions Scheme Act 2021 on restructurings. The Pension Schemes Act 2021 (‘the Act’) addresses a number of critical areas concerning pensions, and importantly brings about a number of significant changes. The focus of this briefing note is upon 4 key areas relevant to restructurings: The creation of two new criminal offences with penalties of up to 7 years’ imprisonment and an unlimited fine; Mirror civil liability with penalties of up to £1m; The expansion of the existing contribution notice/ moral hazard powers of the Pensions Regulator (‘TPR’); The expansion of notification requirements for certain corporate activity. Whilst the Act received Royal Assent on 11 February 2021, it is…
Insights 10 Mar, 2021
The Pension Schemes Act 2021 came into force on 11 February 2021 and is set to make fundamental changes to the UK pensions landscape. Andrew Spink QC and Oliver Powell signpost the key changes that have been introduced by the Act, focusing on the new powers that will be available to The Pensions Regulator and the three new criminal offences created by the Act. The Pension Schemes Act 2021 addresses a number of critical areas concerning pensions, and importantly brings about a number of significant changes. Broadly distilled, the Act: establishes a new framework for the formation and administration of collective money purchase pension schemes; creates three new criminal offences; introduces a new power to impose civil penalties of up to £1m; expands…
Insights 3 Mar, 2021
Joshua Cainer looks in detail at the recent developments in English courts on the applicable law to awards of interest in cross-border tort cases. In Troke v Amgen Seguros Generales Compania de Seguros Y Reaseguros SAU, the claimants suffered personal injury from a road traffic accident in Spain, for which the defendant insurers admitted both liability and quantum. In this article, Joshua Cainer explores the legal point in dispute, which concerned what law governed the award of interest in relation to the tort: the lex causae (the law of the jurisdiction in which the cause of action arose), which in this case was Spanish law; or the lex fori (the law of the forum in which the claim was being…
Insights 17 Feb, 2021
In a Q&A session with Legalwise Seminars, Anthony Lo Surdo SC shares his insights into mediation advocacy. Anthony has acted as mediator in a vast array of matters since he was first accredited in 1993. He has mediated hundreds of complex, multi-party disputes since 2009. He uses his experience as both Senior Counsel and as a mediator to quickly identify the issues and to gain an understanding of the position of each party in the mediation so as to assist in facilitating a fair and efficient resolution to a dispute. In a Q&A session with Legalwise Seminars, Anthony gave his thoughts on the following questions: What are some important considerations when choosing a mediator? What are some common misconceptions about mediation?…
Insights 11 Feb, 2021
Following the case of Surrey CC v NHS Lincolnshire Clinical Commissioning Group (2020), Alexander Line and Carin Hunt consider how the claim in restitution is of importance to those advising and representing local authorities. Analysing Surrey CC v Lincolnshire CCG, Alexander and Carin consider the law on unjust enrichment and the four key elements to a claim for unjust enrichment in their most recent article. The authors also consider the Clinical Commissioning Group’s defence of invoking the exclusivity principle laid down in O’Reilly v Mackman [1983] 2 A.C. 237. Considering the decision of the High Court, Alex and Carin contemplate the potential consequences for education law, including the restitution for costs incurred by public bodies and restitution for costs incurred…
Insights 10 Feb, 2021
In Qatar Airways v Middle East News [2020] EWHC 2975 (QB) Saini J has handed down a decision which, although not in a personal injury case, is of real interest for travel lawyers. Daniel Clarke explores the judgment and explains why. In Qatar Airways v Middle East News [2020] EWHC 2975 (QB) Saini J has handed down a decision which, although not in a personal injury case, is of real interest for travel lawyers. The claim arises out of the diplomatic and economic blockade imposed on Qatar in June 2017 by Saudi Arabia, the UAE, Bahrain, and Egypt. As a result of this, Qatari aircraft were only permitted to fly in and out of Qatar via permitted “air corridors”. In…
Insights 21 Jan, 2021
