Home > Legal Opinions tagged Commercial dispute resolution

  • accidents at sea and the Contribution Act

    Angela Williams

    Further to the legal opinion posted in March 2014, the appeal will come before the Court of Appeal on 9 & 10 June. Presently, the Mercantile Court’s judgment stands that article 16 of the Athens Convention is a prescriptive rather than a procedural bar. The court’s judgment is eagerly awaited because the draftsmen of the […]

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  • new CPR 36.17 explored in Thai Airways decision

    Melanie Chisnall

    In Thai Airways v KI Holdings Ltd, T was the clear winner on liability and was awarded huge damages at trial. Judgment was awarded approximately triple a Part 36 offer made by the claimant 18 months earlier, before evidence had been exchanged. Leggatt J then examined the costs rules under Part 36. K disputed that […]

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  • FCA thematic review published – delegated authority

    James Gibbons

    The FCA has published its report following its thematic review into the use, oversight and governance of delegated authority in the insurance industry. The results should cause insurers, MGAs and TPAs to carefully consider the framework within which underwriting and claims authority is delegated. In its report, the FCA highlights numerous concerns, including that some […]

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  • FCA thematic review – SME claims handling

    Jonathan Newbold

    The FCA has published a thematic review into the handling of insurance claims for Small and Medium sized Enterprises. The FCA’s findings do not make happy reading for the SME insurance market. The FCA conducted interviews and audits of insurers, intermediaries (including MGAs) and loss assessors. It has concluded that: SMEs perception is that the […]

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  • the Financial Ombudsman Service annual report – claims trends and ...

    James Gibbons

    The FOS annual report provides some interesting insights into the complaints it received last year. Significantly, complaints about insurance (other than PPI) have remained almost identical to the levels over the past two years, although there has been an increase in the number of complaints about motor, buildings and travel insurance. Indeed, travel insurance receives […]

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  • patent litigation - approach summary judgment / strike out with ca...

    Mark Daniels

    Swift resolution of patent disputes is key to minimising significant unnecessary costs and uncertainty. However, it is rare that patent infringement proceedings are suitable for summary judgment or strike out. So it was proved in a recent case before the English High Court. Unwired Planet sued a number of telecommunications equipment providers, including Huawei and […]

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  • Patents Court paves the way for greater transparency in patent lic...

    Alex Watt

    The Patents Court has made an order for pre-action disclosure of patent licences. This is a significant decision which could have broad implications for the patent licensing market. Ticketogo sent the Big Bus Company letters claiming infringement and offering a licence of its patent, repeatedly referring to similar licences that a number of Big Bus’s […]

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  • the risk of taking a client’s understanding for granted

    James Gibbons

    The case of Andrew Procter v Raleys Solicitors 2015 related to a former miner’s instructions to solicitors to bring an industrial disease claim. Instructions were provided via the firm’s standard letters which incorporated ‘tick-box’ reply forms. Mr Procter did not at any stage speak with the firm. The court held that the claim was settled […]

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  • clarification of the illegality defence?

    Gordon Monaghan

    The Supreme Court saw an opportunity to clarify the law surrounding ex turpi causa in its recent decision of Jetivia SA & Another v Bilta (UK) Ltd (In Liquidation) & Ors. This area of law has been in a state of confusion since the controversial House of Lords decision in Stone & Rolls Ltd v […]

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  • get your evidence in order…

    Nichola Evans

    Cases on relief from sanctions are like buses – you wait ages for one and then two come at once. Following on from Waterman Transport Services Limited v Torchwood Properties Limited, the courts have now looked at whether a party could rely on a new witness statement served six months after the date for exchange […]

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  • strike outs galore with pre-trial questionnaire non-compliance

    Melanie Chisnall

    In Waterman Transport Services Ltd v Torchwood Properties Ltd, Akenhead J in the Technology and Construction Court has ruled that the respondent’s failure to substantially complete the pre-trial questionnaire was not just a minor failure to comply but was substantive non-compliance. The judge held that it therefore followed that the respondent’s defence should be struck […]

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  • court fees increase dramatically from 9 March 2015

    Mark Nichols

    The Ministry of Justice’s significant increase in court fees came into force on 9 March 2015. Fees for both specified and unspecified money claims of £10,000 or more are affected. Court fees for claims of £10,000 or more are now 5% of the value of the claim, capped at £10,000. This is an increase of […]

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  • increasing court fees to impact on insurers

    James Gibbons

    There will be large increases in court fees on 9 March 2015. Significantly: claims for between £10,000 and £200,000 will incur a court fee of 5% of the amount claimed, which would see, for example, a 400% increase in the fee charged for a claim for £90,000 (from £910 to £4,500) claims for over £200,000 […]

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  • when lawyers use too many words…

    Nichola Evans

    The Commercial Court firmly believes that pleadings should be precise and to the point, with the Commercial Court Guide specifically stating that statements of case should be no more than 25 pages long or an application is required setting out why a longer document is required. In the case of Tchenguiz and others v Grant […]

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  • cost budgeting – what is a contingency?

    Daniel Askew

    Since the implementation of the costs budgeting process, there has been confusion as to what constitutes a contingent cost for the purposes of a cost budget. The recent case of Yeo v Times Newspapers Ltd finally offers some clarity on this subject. Not surprisingly, the above case has implemented a three stage test as follows: […]

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  • insurance reform – now a reality

    James Gibbons

    For a bill that reforms law that has remained in situ for over 100 years, the Lords and the Commons have made short work of passing the Insurance Bill through Parliament. Whether this is as a result of the Law Commissions’ careful prior consideration or this current government’s tenure nearly being over, the Bill has […]

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  • declaratory relief granted

    Melanie Chisnall

    In the case of Western Trading Ltd v Great Lakes Reinsurance (UK) Plc the claimant (W) sought an indemnity from their insurer following a fire. W was a management company which ran a portfolio of properties for a developer (S). The property which was the subject of the claim was comprised of two buildings, one […]

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  • "noted, with thanks” - the perils of negotiating settlement agreem...

    Laura Mackenzie

    A recent decision stresses the importance of expressly stating when a settlement offer is intended to be ‘subject to contract’ (ie not binding until a formal written agreement has been executed). In Bieber and others v Teathers Limited (in liquidation) the claimants accepted – via email – a settlement offer relating solely to the sum […]

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  • standard essential patent – valid and infringed

    Mark Daniels

    The English High Court tackled the thorny issue of the alleged infringement of a ‘standard-essential’ patent, and has found for the patentee. Vringo Infrastructure Inc owns a patent (originally obtained by Nokia) relating to the process of soft handover of a mobile phone call between base stations when the phone moves between cells. The patent […]

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  • strength of a parties' case not relevant to case management decisions

    Melanie Chisnall

    The Supreme Court has held in HRH Prince Abdulaziz Bin Mishal Bin Abdulaziz Al Saud v Apex Global Management Ltd & Another that in case management directions or decisions, the strength of a parties’ case would not be relevant to that decision or imposition of any sanctions. The court stated that the decision of the […]

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