Category: High Court

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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.

business interruption insurance claim solicitors

Business Interruption Insurance: Proving Presence of Coronavirus (COVID-19)

Does your insurance policy provide coverage for business interruption as a result of the pandemic? The quickest way to find out is to send our Business Interruption Insurance solicitors your policy and we will let you know whether you have a claim. If you have a claim, we will offer you a no win no fee agreement.

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Business Interruption Insurance Guide: Do I have a Claim?

The Supreme Court handed down its ruling in the FCA test case on business interruption insurance against six insurers. If you are an affected business, you should seek legal advice as soon as possible and our specialist financial services litigation team can be instructed to assist.

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Claimant wins battle over Defendant’s late acceptance of Part 36 offer in phone hacking claim

In Pallett v MGN Ltd, a case concerning the newspaper phone hacking scandal, the High Court orders the Defendant, owner of the Mirror newspaper, to pay all of the Claimant’s costs of the proceedings, despite arguments that they had accepted the settlement offer outside of the 21 day relevant period under CPR Part 36.

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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

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Damages Based Agreements: Court of Appeal upholds enforceability of DBAs in the event of termination

The landmark Court of Appeal judgment in Shaista Zuberi v Lexlaw Limited [2021] EWCA Civ 16 makes clear that termination fees are not caught by the DBA Regulations and any DBA including termination clauses is enforceable. The judgment paves the way for DBAs to flourish and enhances access to justice.

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Witness Statements: New Rules Upcoming in the Business and Property Courts

Key changes include a new draft Practice Direction 57AC; the need to identify the documents which the witness has been referred to for the purpose of providing the evidence and endorsement by a certificate of compliance signed by a lawyer.

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Non-compete in employment contract held to be unreasonable and void

The coronavirus pandemic has led to many individuals losing their jobs due to redundancies and employees may wonder where they stand in relation to any restrictive covenants in their contracts. The case of Quilter Private Client Advisers v Falconer discusses the factors to be taken into account when seeking to enforce a restrictive covenant, which in this case was a 9 month non compete, which was found to be void and unenforceable.

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Business Interruption Insurance: FCA guidance on how policyholders can prove the presence of COVID-19

The FCA’s draft guidance on how to prove the presence of coronavirus (COVID-19) in a particular area around premises based on the High Court’s judgement and declarations is essential for policyholders in claims against insurers.

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High Court issues costs penalty for failure to resolve issues with ADR

This latest High Court case again demonstrates the pitfalls for litigants who unreasonably refuse to engage in Alternative Dispute Resolution such as mediation to resolve issues. Parties that fail to do so risk be punished by the court when it comes to costs.