118 results
22 Jul 2020 14:25
Reflecting on “reflective loss”: Sevilleja v Marex Financial LtdIn this note, Simon Howarth and Christopher Cooke explore the recent Supreme Court judgment in Sevilleja v Marex Financial Ltd [2020] UKSC 31 which re-states the principle that a company’s shareholders cannot recover damages against a wrongdoer for loss which is “reflective” of a loss caused by the more...
17 Jul 2020 12:26
Sevilleja v Marex Financial Ltd [2020] UKSC 31: The Supreme Court’s review of the law on Reflective LossBy Giles Maynard-Connor and Jodie Wildridge Introduction In Sevilleja v Marex Financial Ltd [2020] UKSC 31 (“Marex”), the Supreme Court has thoroughly re-examined the principle of reflective loss. In an appeal heard on 8 May 2019 by seven Justices of the Supreme Court, at which permission had been more...
15 Jul 2020 08:20
Winding up under the CIGA 2020 and the associated Practice DirectionFollowing the introduction of the Corporate Governance and Insolvency Act 2020 (“the CIGA 2020”) and the associated Insolvency Practice Direction, 3PB’s specialist commercial law barristers Charles Irvine and Rebecca Farrell consider winding up petitions in this context. In this article, they more...
19 Jun 2020 16:23
Vicarious Liability – where are we, how did we get here and where might we be heading?In this paper, Simon Howarth, Jack Steer and Alexander Echlin explore the complex and developing area of the law that is vicarious liability. The paper aims to draw some firmer conclusions on the current and future landscape of this area in light of the recent Supreme Court decisions in Various more...
17 Jun 2020 08:20
The disclosure pilot and adverse documents: Castle Water Limited v Thames Utilities Limited [2020] EWHC 1374 (TCC)By Steven Fennell Castle Water Limited v Thames Utilities Limited [2020] EWHC 1374 (TCC) is the first reported case under the Business and Property Courts Disclosure Pilot (PD51U) to deal specifically with the steps which must be taken in relation to adverse documents. It introduces a distinction more...
12 Jun 2020 11:38
The ‘Great Recovery Bill’By Peter Dixon As the lockdown begins to ease, there are indications that the Government is working on a series of measures designed to hasten economic recovery and plans to introduce ‘a Great Recovery Bill’ to Parliament before the summer recess. Newspaper reports suggest that a number of measures more...
10 Jun 2020 13:48
3PB warns unreasonable refusals to engage with ADR may well come at a cost to the client3PB’s specialist commercial law barristers David Parratt QC and Rebecca Farrell review the cost consequences for lawyers and their clients of a refusal to engage in ADR. The article includes a recent case law review which demonstrates a particular trend whereby Courts will examine closely the more...
10 Jun 2020 08:27
Minimum Wage – Deductions from PayCommissioners for HM Revenue and Customs v Middlesbrough Football and Athletic Company (1986) Ltd [2020] All ER (D) 201 (Mar), UKEAT/0234/19/LA. By George Rowell HMRC successfully appealed against an employment tribunal decision which had allowed Middlesbrough FC to make payroll deductions that took more...
8 Jun 2020 14:25
Carillion v KPMGThe Commercial Court deprecates pre-action disclosure application in mega-auditor’s negligence claim. Is this bad news for claimants? Read Imran Benson’s assessment of Carillion v KPMG here more...
26 May 2020 11:15
Supreme Court hears argument on whether £14 billion consumer competition class action should proceed against MastercardBy David Went The Supreme Court last week heard Mastercard’s appeal seeking to prevent a proposed class action on behalf of 46 million consumers valued at £14 billion from proceeding against it. The case is interesting not merely from the perspective of whether the “juggernaut” of a claim should more...
22 May 2020 13:34
Whittington Hospitals NHS Trust v XXIn our most recent case note, Tom Stafford examines the recent case of Whittington Hospital NHS Trust v XX [2020] UKSC 14, in which the Supreme Court held that parties can recover damages for commercial surrogacy arrangements abroad. He also considers the impact this has on surrogacy law in the UK, more...
19 May 2020 10:38
Commercial update: fiduciary duties between shareholders of a quasi-partnership companyDo shareholders in a family or quasi-partnership company, owe each other fiduciary duties? Seb Oram analyses the recent decision of the Chancery Division in De Sena v. Notaro [2020] EWHC 1031 (Ch) for LexisPSL’s Case Analysis Expert Panel. This article was first published by Lexis®PSL on 11/05/2020. more...
Solicitors’ Guideline Hourly Rates to go up?
The Civil Justice Council is undertaking a review of the Solicitors’ Guideline Hourly Rates. Given that they have been unchanged since 2010, this presumably can only result in an increase in hourly rates for solicitors whose costs are being summarily assessed. A sub-committee has been set up to more...
18 May 2020 11:09
Appointment of administrators: Is the lack of FCA consent prior to appointment a curable defect?By Lisa Feng Re A.R.G. (Mansfield) Ltd is the latest in a long line of cases considering the consequences of a defect in the appointment of administrators. The case involved a similar problem encountered in Re M.T.B. Motors Limited [2010] EWHC 3751 (Ch) where the need for FCA consent prior to the more...
14 May 2020 09:19
Possession Claims – the stay is here to stay! Arkin v Marshall & Anr [2020] EWCA Civ 620By Brynmor Adams and Steven Fennell Practice Direction 51Z provides for an automatic stay of possession proceedings for 90 days from the date it came into force (26 March 2020). In Arkin v Marshall, handed down on 11 May 2020, the Court of Appeal held that the practice direction is lawful and not more...
28 Apr 2020 11:25
Directors’ duties in the time of coronavirusBy David Mohyuddin QC Companies are facing unprecedented challenges as the Government’s COVID-19 restrictions continue. Directors are faced with enormously difficult if not impossible decisions about those companies’ futures. And at the same time as they face the prospect of personal liability for more...
17 Apr 2020 10:39
Carluccio’s Limited (in administration): Administration and furlough arrangements with employeesBy Lisa Linklater and Harriet Hartshorn Snowden J gives urgently sought directions to administrators in respect of furlough arrangements with employees following a remote video hearing in the matter of Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch). Introduction The current global more...
9 Apr 2020 14:25
Vicarious Liability – the move is overOn 1 April 2020, the Supreme Court handed down judgment in two conjoined Vicarious Liability cases: WM Morrisons Supermarkets plc v Various Claimants [2020] UKSC 12 and Barclays Bank plc v Various Claimants [2020] UKSC 13. In this article, Michael Patrick reviews those judgments and considers their more...
4 Dec 2019 15:06
Execution of documents: UK banks focus on Treating Customers FairlyExecuting documents in today’s fast-paced, technology-driven world In today’s mortgage market, consumers are increasingly used to conducting their social and financial lives at the click of a button. Despite conveyancers, consumers and lenders all moving towards increased digitisation, the live more...
13 Nov 2019 10:42
Judgment in Royal Mail abuse of dominance case with all-Monckton cast listThe Competition Appeal Tribunal has today dismissed Royal Mail’s appeal against a finding by Ofcom that it abused its dominant position to exclude a competitor. The Tribunal’s judgment provides important guidance as to the approach for deciding whether conduct is an abuse of dominance. In particular more...
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