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RPC | United Kingdom | 30 May 2023
Court of Appeal: strength of case not relevant factor for late amendments to statements of case
The Court of Appeal has clarified that once a court has determined that amendments to a statement of case have a real prospect of success, the perceived strength of the case should not be a consideration when determining an application for permission to amend. The dissenting judgment shows the ever-present difficulty faced by courts in deciding whether a case has a "real prospect of success",......
Herbert Smith Freehills LLP | United Kingdom | 30 May 2023
When can a public authority withdraw its own decision?
In R. (on the application of Piffs Elm Ltd) v Commission for Local Administration in England [2023] EWCA Civ 486, the Court of Appeal considered the…
RPC | United Kingdom | 23 May 2023
Dishonest or not? Court of Appeal reverses dishonesty finding in payment diversion case
In Floreat Investment Management v Churchill and others, the Court of Appeal reversed a finding of dishonesty where there had been no discernible victim of the relevant conduct. The defendants to a claim for the recovery of $1.1 million, held at first instance to have been dishonestly diverted from the fund to which it ought to have been paid, appealed against a judge's decision that they......
Macfarlanes LLP | United Kingdom | 17 May 2023
How to ensure you have a share in the family home? Equity Hath-a-way…
The Court of Appeal’s decision in Hudson v Hathway [2022] EWCA Civ 1648 illustrates the importance of having clear agreements in place regarding…
Hausfeld LLP | United Kingdom | 10 May 2023
Say what you mean: the importance of express terms in a contract
In Contra Holdings Limited v Mark Bamford [2-23] EWCA Civ 374, the Court of Appeal looked at the question of whether an obligation had arisen to pay a…
Quadrant Chambers | United Kingdom | 9 May 2023
Unicredit Bank A.G. v Euronav N.V. - Court of Appeal judgment in respect of misdelivery claims under Bill of Lading contracts - Robert Thomas KC & Paul Toms
On 4 May the Court of Appeal handed down judgment in a case likely to be of interest to shipowners, cargo interests and financing banks, Unicredit…
Keystone Law | United Kingdom | 3 May 2023
Commercial tenants in financial difficulty: what options are available?
In the current economic climate it is not uncommon for commercial tenants to experience financial difficulty. Tenants may want to address the issue…
Mayer Brown | United Kingdom | 1 May 2023
Legal developments in construction law: May 2023- Court of Appeal says co-insurance all risks policy does not cover contractor for defective work
The Rugby Football Union took out a Joint Names All Risks Insurance policy for works at Twickenham Stadium. Power cables forming part of the works…
Rahman Ravelli | United Kingdom | 27 Apr 2023
Knowledge of VAT Fraud
A cellphone company director lost his bid to challenge a £1.7 million-plus award against him for VAT fraud when the High Court said he had actual…
Global Arbitration Review | United Kingdom | 21 Apr 2023
Economic damages: a reconsideration of retrospective valuation
The date at which damages are assessed or an asset is valued may have a significant impact on the quantum of damages or the value of the asset. This…
