‘Sian Participation Corp (In Liquidation) v Halimeda International Ltd [2024] UKPC 16 (“Sian”) has, in part, overruled, Salford Estates (No.2) Ltd v Altomart Ltd [2014] EWCA Civ 1575; [2015] BCC 306 (“Salford Estates”). The part overruled is in respect to section 122(1) of the Insolvency Act 1986 and whether the Companies Court can, on a creditors winding up petition, determine whether or not the petition debt is genuinely disputed on substantial grounds. Salford Estates was not overruled in respect to whether section 9 of the Arbitration Act 1996 applies to creditors winding up petitions.’
33 Bedford Row, 1st August 2024
Source: www.33bedfordrow.co.uk
‘The Court of Appeal has upheld the decision of the Commercial Court in Virgin Aviation TM Ltd & Anor v Alaska Airlines Inc (Formerly Virgin America Inc) [2024] EWCA Civ 622, the trial of which took 5 days and involved extensive expert evidence, on the question of the proper interpretation of provisions in a licensing agreement relating to royalty payments.’
Gatehouse Chambers, 4th July 2024
Source: gatehouselaw.co.uk
‘Fatima Jama examines the Court of Appeal’s decision in R (World Uyghur Congress) v National Crime Agency [2024] EWCA Civ 715, and its implications.’
Mountford Chambers, 16th July 2024
Source: www.mountfordchambers.com
‘In Addison Lee Limited v Afshar and others [2014] EAT 114, the Employment Appeal Tribunal (“EAT”) has given important guidance on the principles which govern the making of deposit orders under rule 39 of the Employment Tribunals Rules of Procedure and has considered the appropriateness of deposit orders in a case involving multiple claimants where some of the issues to be determined had been decided against the respondent in earlier proceedings involving different claimants.’
Old Square Chambers, 18th July 2024
Source: oldsquare.co.uk
‘The Court of Appeal has upheld the decision of the Commercial Court in Virgin Aviation TM Ltd & Anor v Alaska Airlines Inc (Formerly Virgin America Inc) [2024] EWCA Civ 622, the trial of which took 5 days and involved extensive expert evidence, on the question of the proper interpretation of provisions in a licensing agreement relating to royalty payments.’
Gatehouse Chambers, 4th July 2024
Source: gatehouselaw.co.uk
‘The court’s duty to further the overriding objective by actively case managing has been given added impetus by the revisions to FPR Part 3 and Part 28 which came into effect on the 29 April 2024.’
Becket Chambers, 23rd July 2024
Source: becket-chambers.co.uk
‘The EAT handed down its judgment in the case of Godfrey v Natwest Markets plc [2024] EAT 81 on 24 May 2024.’
Parklane Plowden Chambers, 27th June 2024
Source: www.parklaneplowden.co.uk
‘A recent landmark decision may allow novel and unusual methods of service in welcome news for landowners who seek to prevent trespassing by persons unknown.’
Gatehouse Chambers, 15th July 2024
Source: gatehouselaw.co.uk
‘Winston Churchill once remarked that “[for] my own part, I see little glory in an Empire which can rule the waves and is unable to flush its sewers”. Had he been alive today, he may have lamented that modern Britain now does neither.’
Francis Taylor Building, 18th July 2024
Source: www.ftbchambers.co.uk
‘After 40 years of campaigning, thousands of people affected by the infected blood scandal gathered on 20 May in Westminster Central Hall to give the chair of the Infected Blood Inquiry what can only be described as a ‘rock star’ welcome.’
Landmark Chambers, 16th July 2024
Source: landmarkchambers.co.uk
‘The Court of Appeal has handed down judgment in the case of Northamber PLC v Genee World Limited anors [2024] EWCA Civ 428. Arnold LJ, with whom Phillips LJ and Lewisham LJ agreed, has shed light on important aspects of claims for inducing breach of contract.’
Littleton Chambers, 24th July 2024
Source: littletonchambers.com
‘The Supreme Court in Manchester Ship Canal (No.2) [2024] UKSC 22 has decided that a riparian owner will have a right of action in private nuisance against a water company for discharge of foul water, without needing to show the water company’s negligence or deliberate misconduct. This is a substantial clarification of Marcic v Thames Water Utilities Ltd [2003] UKHL 66, which (it was thought) decided that such claims were barred against sewerage undertakers by the existence of the statutory scheme following privatisation. This decision may mark the beginning of group litigation against sewerage undertakers for discharging untreated sewage into rivers and canals.’
Henderson Chambers, 12th July 2024
Source: www.hendersonchambers.co.uk
‘Absent negligence or deliberate misconduct, can owners of watercourses or bodies of water bring actions for nuisance or trespass where water is polluted from statutory sewerage undertakers?’
Lamb Chambers, July 2024
Source: www.lambchambers.co.uk
‘The First-tier Tribunal has now twice rejected an argument that the power of the Tribunal to make a remediation order under s.123 must be exercised where the threshold criteria are met.’
Falcon Chambers, 10th July 2024
Source: www.falcon-chambers.com
‘This article provides a short synopsis of two key 2024 decisions, Yordanov [2024] and Mapfre [2024], which raised issues surrounding the applicable law to substantive issues, interest, and subrogated claims.’
Farrar's Building, 17th July 2024
Source: www.farrarsbuilding.co.uk
‘The High Court has issued a judgment upholding the English courts’ jurisdiction and ordering an expedited RAND trial in a significant dispute between Nokia and Amazon.’
Blackstone Chambers, 26th July 2024
Source: www.blackstonechambers.com
‘With an election taking place during the Euros, it is almost too tempting to describe the Labour Party as running towards an open goal. A new government is almost seen as inevitable, with the real question being the size of its majority. Yet it remains unclear whether this change will embolden much-needed reform to the criminal justice system. For any future Justice Secretary, addressing the plight of those serving sentences of Imprisonment for Public Protection (IPP) must be at the top of their to-do list.’
Mountford Chambersm 1st July 2024
Source: www.mountfordchambers.com
‘Provisional damages are often bought off as part of the overall settlement agreement but as Lauren Karmel and Jimmy Barber remind us it is important to consider whether this is appropriate. They offer some guidance in provisional damages in clinical negligence claims and practical steps to consider in the latest edition of AvMA’s Lawyers Services Newsletter.’
St John's Chambers, 3rd July 2024
Source: www.stjohnschambers.co.uk
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