Category: Court of Appeal

Court of Appeal UK. Civil Litigation

Limitation Period for Payment of Services

In debt claims for the provision of services, the Court of Appeal has determined that time starts to run for limitation purposes from the date the work was done, rather than from the contractually agreed deadline for payment: Consulting Concepts International Inc v Consumer Protection Association (Saudi Arabia) [2022] EWCA Civ 1699).

Court of Appeal UK. Civil Litigation

Court of Appeal: Context is King When it comes to Contractual Good Faith Duties

The Court of Appeal case of Re Compound Photonics Group Ltd; Faulkner v Vollin Holdings Ltd [2022] EWCA Civ 1371, in the context of an unfair prejudice petition filed according to Section.994 of the Companies Act of 2006, the Court of Appeal has clarified the meaning of the contractual responsibility of good faith.

The Need to Be Clear: Percy v Merriman White and Professional Negligence

In the recent case Percy v Merriman White and Mayall, the Court of Appeal clarified what must be proved by a contribution claimant to succeed in their contribution claim.

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Ulster Bank DAC and Ors v McDonagh and Ors: CA Holds That Civil Liability Act 1961 Inapplicable To Debt Recovery Cases

In the recent case of Ulster Bank DAC and Ors v McDonagh and Ors, the Court of Appeal confirmed that, as debt recovery cases are not considered actions for “damages”, the Civil Liability Act 1961 (CLA) does not apply to them.

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Court of Appeal assesses swap mis-selling complaint under FCA DISP

The Court of Appeal recently analysed a swap mis-selling complaint submitted by the Claimant under the FCA Dispute Resolution scheme (“DISP”), which complaint would stop time running for the purposes of a making a complaint to the Financial Ombudsman Service (“FOS”).

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Court of Appeal holds negligent surveyor liable for house’s full diminution of value

In Large v. Hart, the Court of Appeal held a negligent surveyor liable for a house’s full diminution of value as a result of his failure to draw the purchasers’ attention to the property’s defects prior to completion.

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Damages Based Agreements: Permission to appeal to Supreme Court refused in landmark DBAs case

In Shaista Zuberi v Lexlaw Limited [2021] EWCA Civ 16, the Court of Appeal has refused the appellant permission to appeal to the Supreme Court. This is a welcome and important judgment for lawyers and clients equally as it provides some much needed judicial clarity on the effect of termination in respect of DBAs in litigation matters