Blogs & Articles

Big win for policyholders: Supreme Court’s ruling on the FCA’s Business Interruption Test Case

19/1/2021 | Blogs & Articles

After an appeal heard urgently under the “leapfrog” procedure, the Supreme Court handed down last Friday, 15 th January 2020, a stunning victory...

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The power of Part 36 and the Court’s discretion - Telefonica UK Ltd v The Office of Communications

12/1/2021 | Blogs & Articles

In our first blog of the New Year, we take a look at an interesting Court of Appeal decision from the latter half of 2020 that caught our eye and one...

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Subject to contract negotiations: Joanne Properties v Moneything Capital Ltd [2020] EWCA Civ 1541

15/12/2020 | Blogs & Articles

The "subject to contract" label should be used with caution, and parties should be careful to ensure that where it has been used, during any stage of...

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Financial Conduct Authority v Arch Insurance (UK) Ltd and others [2020] EWHC 2448 (Comm) – Business Interruption Insurance and COVID-19

7/12/2020 | Blogs & Articles

We review the judgment of the High Court in Financial Conduct Authority v Arch Insurance (UK) Ltd and others [2020] EWHC 2448 (Comm) under the...

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Who Observes the Fair-Minded Observer? A Note on Halliburton v Chubb

4/12/2020 | Blogs & Articles

On 27 November 2020 the Supreme Court handed down its long awaited judgment in Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48,...

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The ICC publishes its 2021 Arbitration Rules

23/10/2020 | Blogs & Articles

The 2021 Rules will apply to all arbitrations registered after the 1 January 2021, whilst the 2017 edition of the ICC Rules (the "2017 Rules") will...

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Records set in International Chamber of Commerce’s (“ICC”) 2019 Dispute Resolution Statistics

9/9/2020 | Blogs & Articles

The ICC has recently published its 2019 Dispute Resolution Statistics for the cases administered by the ICC International Court of Arbitration in...

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The LCIA publishes its 2020 Rules: A light-touch update to meet modern needs

13/8/2020 | Blogs & Articles

On 11 August 2020 the LCIA unveiled the long-awaited update to its Arbitration Rules (the '2020 Rules'). The 2020 Rules will become effective on 1...

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Sevilleja (Respondent) v Marex Financial Ltd (Appellant) – Reflective Loss: a "will o' the wisp" ensnared

20/7/2020 | Blogs & Articles

On 15 July 2020, the Supreme Court allowed the appeal in Marex v Sevilleja UKSC 2018/0178, in the process providing much needed definition to the...

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Anti-suit injunctions: Lessons from Daiichi Chuo Kisen Kaisha v Chubb Seguros Brasil SA

10/7/2020 | Blogs & Articles

The recent case of Daiichi Chuo Kisen Kaisha v Chubb Seguros Brasil SA [2020] EWHC 1223 (Comm) provides an important reminder of the circumstances in...

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The Risk in the Rescue: The Duties and Potential Liabilities of Monitors under the Corporate Insolvency and Governance Act

7/7/2020 | Blogs & Articles

The Corporate Insolvency and Governance Act has been raced through Parliament on an emergency basis in response to the COVID-19 pandemic, and came...

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Collateral Waivers and “Cherry Picking”– a recent update from PCP Capital Partners LLP v Barclays Bank Plc [2020] EWHC 1393 (Comm)

25/6/2020 | Blogs & Articles

Legal professional privilege is regarded as a fundamental right of the client to whom that privilege belongs. The loss of that privilege through...

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Admissibility of without prejudice communications – piercing privilege

10/6/2020 | Blogs & Articles

In the recent case of Berkeley Square Holdings & Ors v Lancer Property Asset Management Ltd & Ors [2020] EWHC 1015 (Ch) the High Court provided a...

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The Corporate Insolvency and Governance Bill: What it means for Directors and Creditors

3/6/2020 | Blogs & Articles

The Government has published the Corporate Insolvency and Governance Bill setting out the measures it intends to bring in to help businesses survive...

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Eating Your Cake and Having It Too: The Equitable Doctrine of Approbation and Reprobation in MPB v LGK

29/5/2020 | Blogs & Articles

The proverb "You can’t have your cake and eat it too" makes more sense to some people in the reverse, and it was in fact first formulated in that...

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Mastermelt Ltd v Siegfried Evionnaz SA: The return of the Italian torpedo?

12/5/2020 | Blogs & Articles

In a recent case before the High Court, Mastermelt Ltd v Siegfried Evionnaz SA [2020] EWHC 927 (QB), a dispute arose over whether the Swiss or...

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The Suspension of Wrongful Trading Provisions and Directors’ Continuing Liabilities and Duties

27/4/2020 | Blogs & Articles

Amongst a set of far-reaching new measures designed to ease the pressures and impact of the COVID-19 pandemic on UK businesses, the UK Government...

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Locked down, but not out: How the Courts rose to COVID-19’s challenge

22/4/2020 | Blogs & Articles

"It will not be business as usual". These were the understated words employed by the Lord Chief Justice to herald the judicial system's impressive...

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COVID-19 and its impact on International Arbitration: the show must go on

14/4/2020 | Blogs & Articles

Since our first COVID-related blog on 3 March 2020, events have moved rapidly all over the world as the global pandemic extends its reach into...

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Taking of evidence by way of deposition from a non-party witness in aid of foreign arbitration proceedings - A and B v C, D and E [2020] EWCA Civ 409

8/4/2020 | Blogs & Articles

The late Frank Sinatra sang “Start spreading the news, I'm leaving today, I want to be a part of it, New York, New York”. His advice was not...

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