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 […]
The Disclosure Pilot: AAH Pharmaceuticals Ltd and another v Jhoots Healthcare Ltd and another [2002] EWHC 2524 (Comm)
This is the transcript to my latest Weekly Law Review vlog which is available on my LinkedIn profile and my YouTube channel. The Business and Property Courts’ Disclosure Pilot has been in place since the 1 January 2019. Dealing with disclosure is one of the most expensive aspects of preparing a case for trial. The […]
Solicitors Regulation Authority v Matthews
The Solicitors Disciplinary Tribunals' decision, dated 9 March 2020, in the case of Matthews has been the subject of intense scrutiny from legal profession with many solicitors commenting that the decision was unfair. The decision is being appealed. On 17 June 2020 my colleague, Gillian Nevin and I blogged about the decision and why so […]
Will business interruption insurance provide cover for the COVID-19 pandemic?
The short answer is that it will depend upon the specific terms of the policy and, if an insured is unsure about the terms of their policy, they should speak to their broker in the first instance. Business Interruption policies have, understandably, been the subject of much commentary in the press in recent weeks. On 12 […]
Dealing With Commercial Disputes
On 28 November 2019, I was delighted to be invited to speak at the AMPS Power Connections Conference in Manchester. My presentation was a whistle stop tour of the litigation process in England and Wales. I explained that dealing with court proceedings can be unpredictable and expensive and that it is therefore important to get […]
Dealing with unpaid invoices: prevention is better than cure
The Pre-Action Protocol for Debt Claims I am terrible at DIY (I only need to look at a tin of paint for the contents to go splat) and so I have got to know a couple of local traders quite well. Each of them seem to dislike paperwork and say it is difficult to find […]
Negligent Survey Claims, Loss and Missing Concrete Evidence
It is well established that the measure of loss in a claim against a surveyor for a negligent report is the diminution in value of the property, and not the cost of repairs. However, in the recent Court of Appeal case of Moore and another v National Westminster Bank, the court assessed the claimants’ loss […]