‘“The bitter truth for an innocent party is that some breaches by its counterparty, however unscrupulous or unethical, result in no loss that can be recovered by an award of compensatory damages; cf. injunctive relief or gain-based damages. Damages are awarded for the breach itself not the manner of the breach”.’
Littleton Chambers, 18th January 2021
Source: littletonchambers.com
‘This short note summarises the key parts of the Supreme Court’s decision in this important test case, by which it allowed most of the FCA’s appeals against the decision of the Divisional Court and found largely in favour of policyholders.’
St John's Chambers, 21st January 2021
Source: www.stjohnschambers.co.uk
‘In March 2020, the UK Government began to take a series of measures to combat the transmission of COVID-19. The present appeals considered the impact of these actions and measures on 28 clauses in the 21 lead policies written by the Appellant Insurers.’
UKSC Blog, 15th January 2021
Source: ukscblog.com
‘Spring 2020 forced fundamental changes on our healthcare system. Helen Mulholland examines the implications of COVID-19 for clinical negligence claims.’
Counsel, November 2020
Source: www.counselmagazine.co.uk
‘The coronavirus pandemic has led to ongoing widespread business disruption and closures with a second national lockdown commencing this week. As such, certainty over whether business can bring claims under their business interruption (“BI”) insurance policies could not be more important.’
12 King's Bench Walk, 2nd November 2020
Source: www.12kbw.co.uk
‘In 2017 a 24-year-old woman, Louella Fletcher Michie, died at the Bestival Music Festival, having taken 2-CP, a Class A drug, supplied by her boyfriend, the appellant.’
2 Hare Court, November 2020
Source: www.2harecourt.com
‘The High Court in Financial Conduct Authority v Arch Insurance (UK) Ltd [2020] EWHC 2448 (Comm) have provided much needed guidance on business interruption insurance. Within the judgment was analysis on the law of causation for insurance policies. The decision may be perceived as, at best, widening the approach when undertaking the “but for” test, or at least providing much needed clarity to the test.’
Hardwicke Chambers, 6th October 2020
Source: hardwicke.co.uk
‘Ceon Broughton, a rapper jailed over the death of his partner Louella Fletcher-Michie from a drug overdose at Bestival has won his appeal against his manslaughter conviction. Broughton’s conviction in 2019 and seven-year prison sentence for manslaughter was quashed on 18 August 2020 by the Court of Appeal. The appeal was heard before The Lord Chief Justice of England and Wales Lord Burnett, Mr Justice Sweeney and Mr Justice Murray.’
Garden Court Chambers, 18th August 2020
Source: www.gardencourtchambers.co.uk
‘In a much-anticipated judgment, the Supreme Court in Sevilleja v Marex Financial Ltd unanimously allowed an appeal against a decision which, if it had been allowed to stand, would have denuded the intentional economic torts of much of their practical utility.’
Hardwicke Chambers, 28th July 2020
Source: hardwicke.co.uk
‘The appeal to the Supreme Court in Sevilleja v Marex Financial Ltd [2020] UKSC 31 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 wrongdoer to the company itself.’
Hailsham Chambers, July 2020
Source: www.hailshamchambers.com
‘The Supreme Court’s decision in Sevilleja v. Marex Financial Ltd, 15 July 2020, fundamentally restates the doctrine of reflective loss in company law so that:
A claim by a company’s creditor against a third party will not be barred where it reflects loss suffered by the company, even if the creditor is also a shareholder; and
There is no longer an exception to the doctrine where the wrongdoer has brought about the company’s impecuniosity.’
4 New Square, 17th July 2020
Source: www.4newsquare.com
‘The Court of Appeal has delivered judgment in the case of Robinson v Department for Work and Pensions [2020] EWCA Civ 859, a decision which confirms that it is insufficient for a Claimant to argue, on a claim under section 15 of the Equality Act 2010, that “but for” their disability they would not have been put in a situation that led to unfavourable treatment. Rather, the focus needs to be on the reasons for the treatment itself. In so finding, the Court has approved of the obiter comments of Underhill LJ in Dunn v Secretary of State for Justice [2019] IRLR 298.’
Old Square Chambers, 7th July 2020
Source: www.oldsquare.co.uk
‘Steven Gee QC, commercial barrister and arbitrator, and Kristina Lukacova, barrister, both at Monckton Chambers, discuss coverage under business interruption insurance during the coronavirus (COVID-19) pandemic.’
Monckton Chambers, 16th June 2020
Source: www.monckton.com
‘The High Court has ruled it was wrong to strike out secondary victim claims from daughters who witnessed their father die after he was allegedly victim of clinical negligence.’
Law Society's Gazette, 12th June 2020
Source: www.lawgazette.co.uk
‘The Supreme Court recently ruled that Morrison Supermarkets was not vicariously liable for a data breach committed maliciously by a former employee who disclosed employee payroll data online (WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12). The judgment clarified that the test for vicarious liability is whether the acts committed by the employee were ‘so closely connected’ with the acts that they were authorised to carry out by their employer that such acts ‘can fairly and properly be regarded as done’ by the employee acting in the ordinary course of his or her employment.’
Law Society's Gazette, 18th May 2020
Source: www.lawgazette.co.uk
‘Notwithstanding the seriousness of the coronavirus (COVID-19) pandemic and a global effort to fight the same, some individuals have taken it upon themselves to exacerbate the horror of the virus by spitting at others, purporting to have coronavirus. The Criminal Justice System is sadly accustomed to dealing with offences that involve threats to spread disease via bodily fluids; these offenders are often seeking to cause psychological terror and harm, rather than physical harm. However in circumstances such as this, the immediate psychological fear caused by the concern that the victim may have contracted the virus, may then be sadly outweighed by the pain and suffering of contracting the virus and subsequent death.’
Church Court Chambers, May 2020
Source: churchcourtchambers.co.uk
‘This article is the second in a series from Hailsham Chambers addressing insurance implications from the current Covid-19 situation. It explores various causation, mitigation and quantum issues that are likely to arise in that litigation.’
Hailsham Chambers, April 2020
Source: www.hailshamchambers.com
‘The High Court has ruled that a hearing related to the biggest class action in history can go ahead remotely, in another sign of judges’ acceptance of a new default position during the coronavirus crisis.’
Law Society's Gazette, 22nd April 2020
Source: www.lawgazette.co.uk
‘On 7 April 2020, judgment was handed down in R (Carole Smith) v HM Coroner for North West Wales [2020] EWHC 781 (Admin). The case has important repercussions as to the relevance of admitted failures to Coroners’ conclusions and the extent of what should be recorded in the Record of Inquest (‘ROI’).’
Parklane Plowden, 21st April 2020
Source: www.parklaneplowden.co.uk
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