Determining the scope of a professional’s duty: a new approach
Two important decisions were handed down by the Supreme Court on 18 June 2021. The cases will be of interest to all professionals because they address the approach the court will take when ascertaining an adviser’s duty of care. The cases of Manchester Building Society v Grant Thornton, a case involving accountants, and Khan v […]
Enforcement of adjudication awards: Prater Limited v John Sisk & Son [2021]
Prater Limited v John Sisk & Son (Holdings) Limited was handed down in the TCC in April 2021. The case will be of interest to lawyers and construction professionals managing the enforcement of adjudication awards. In the context the enforcement of an adjudication decision, the court was asked to determine whether the adjudicator had jurisdiction […]
Applications for pre-action disclosure: specific, timely and fair
In this week’s Weekly Law Review, I have chosen to look at the case of Domestic and General Insurance Plc v HomeShield Direct Ltd [2021] 4 WLUK 278. Fellow litigators will know just how tough it is to get a pre-action disclosure order, and this case reinforces that fact. It also serves as a useful […]
Covid-19, Legal Certainty and Commercial Leases
Judgment was given in the case of Bank of New York Mellon (International) Limited v Cine UK Ltd AEW UK Rent plc v Sports Direct.com Retail Ltd: AEW UK Rent plc v Mecca Bingo Ltd on 22 April 2021. Background The claimants were landlords, who had brought claims for non-payment of rent during the Covid-19 […]
Tort waits for no man: case leads to development in negligence law to reflect changes in environmental standards
In this week’s Weekly Law Review, I’ve chosen to look at Begum v Maran (UK) Ltd [2021] EWCA Civ 326. This is a fascinating case, which demonstrates how the law of negligence may develop to reflect changes in international environmental standards, which the judge described as a ‘rapidly-developing area of law.’ In a judgment handed […]
The Consumer Rights of Pet Owners: Pendragon v Coom [2021]
What rights of redress does a consumer have if they purchase a pet with a health problem? The case of Pendragon v Coom [2021] considers the remedies available. Background Ms Pendragon was a dog breeder and in June 2018, she sold an Old English Sheepdog puppy to Ms Coom for the sum of £1,000. Between […]
Expert Witnesses: Oaklion Properties Ltd v Denbighshire County Council [2021]
Oaklion Properties Limited v Denbighshire County Council was heard in the Upper Tribunal (Lands Chamber) in January 2021, and the decision was handed down on 12 March 2021. The case was concerned with the compulsory purchase of a property and what value should be attributed to that property. The points that the tribunal made about […]
Contract dispute: De Havilland Aircraft of Canada v SpiceJet [2021] EWHC 362 (Comm)
This week, I’m looking at De Havilland Aircraft of Canada v SpiceJet, a case handed down in February this year.The issues considered include the construction of a variation agreement and liquidated damages and penalties. BackgroundThe claimant in this case was De Havilland Aircraft of Canada Ltd, a manufacturer of aircraft, and the defendant was SpiceJet […]
Contract interpretation: Westminster City Council v Sport and Leisure Management Ltd [2021] EWHC 98 (TCC)
his is the transcript to my latest Weekly Law Review vlog which is available on my LinkedIn profile and my YouTube channel. It has been a while since I have looked at a contract interpretation case and so this week, in my weekly review, I have chosen the case of Westminster City Council v Sport […]
Confidential Information: Travel Counsellors Ltd V Trailfinders Ltd
This is the transcript to my latest Weekly Law Review vlog which is available on my LinkedIn profile and my YouTube channel. After a short break, I have chosen a case which was handed down on the 19th of January 2021. The case is Travel Counsellors Ltd V Trailfinders Ltd and it was heard in […]