Company Money Should Not Be Spent on Shareholder Disputes
This legal update considers the case of King & Others v Kings Solutions Group Limited and Others [2022] EWHC 1099 (Ch) and one particular point which was highlighted in the judgment – whether company funds should be used to fund legal costs in a shareholder dispute. Background This appeal resulted from a protracted and intricate […]
Will the court agree to adjourn a hearing based on a barrister’s non-availability?
In this blog, I consider the case of Rupert St John Webster v John Francis Penley, Witherbotham Smith Penley LLP - [2021] EWHC 3198 (Ch), 2021, which involved a claimant’s application to court to adjourn an application because his barrister was not available. It is not often that an application to adjourn a hearing merits […]
The Climate Crisis and the Role of the Courts and Professional Bodies
In recent weeks, the urgency of the climate crisis has been highlighted by scientists, politicians and royalty and all eyes will be on the COP26 Glasgow conference this month to see whether the politicians will be able to negotiate a deal which is fit for purpose. As environmental issues are increasingly emphasised, more disputes about […]
How does the court deal with uncontroverted expert evidence?
This week I am considering the case of Griffiths v TUI (UK) Limited [2021] EWCA Civ 1442 (CA) which was handed down in the Court of Appeal on 7 October. Earlier this year, in my post about the case of Oaklion Properties Ltd v Denbighshire County Council [2021], I explained that, when preparing for a […]
Preservation of evidence: Chubb European Group SE v Hiscox Insurance and Hawkins & Associates Ltd
It has been a while since I looked at an insurance dispute so this week I have chosen to review Chubb European Group SE v Hiscox Insurance and Hawkins & Associates Ltd [2021] EWHC 1808 (TCC). Judgment was handed down on 9 June 2021. The case was concerned with Chubb’s application for an order seeking […]
Original and best: Advancing a claim without the primary document
What happens if you want to bring a claim, but you no longer have the original version of the key document you need to support your case? This is a point which the Court of Appeal was asked to consider in the case of Goodison v PRA Group (UK) Limited. Background The appellant, G, had […]
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 […]
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 […]
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 […]