‘Clauses requiring written notice of a warranty or other claim to be given by a specified deadline are a common feature of share purchase and other sale agreements. Often they are followed by a requirement that any claim be commenced within a further specified period of the giving of any notice of claim.’
Guildhall Chambers, 23rd May 2024
Source: www.guildhallchambers.co.uk
‘A High Court judge has been given a formal warning after it emerged that he had seen and commented on an independent assessment written for his application to join the Court of Appeal.’
Legal Futures, 13th June 2024
Source: www.legalfutures.co.uk
‘In this case, the claimants brought a claim arising from a RTA in May 2017.
Liability was in issue. The claimants alleged the defendant driver had driven his van into their car; whereas the defendant driver alleged that the claimant driver drove from a parked position into the side of his van. The defence pleaded that the claimants’ credibility and honesty would be challenged at trial.’
Parklane Plowden Chambers, 30th May 2024
Source: www.parklaneplowden.co.uk
Supreme Court
George v Cannell & Anor [2024] UKSC 19 (12 June 2024)
Court of Appeal (Civil Division)
Palladian Partners LP & Ors v Republic of Argentina & Anor [2024] EWCA Civ 641 (12 June 2024)
High Court (Administrative Court)
Grigorie v Valcea Law Court (Romania) [2024] EWHC 1436 (Admin) (12 June 2024)
Andrysiewicz v Circuit Court In Lodz, Poland [2024] EWHC 1399 (Admin) (11 June 2024)
High Court (Chancery Division)
Triplark Ltd v Whale & Ors [2024] EWHC 1440 (Ch) (12 June 2024)
Tom v Candey & Ors (Re Candey Ltd and Companies Act 2006) [2024] EWHC 1398 (Ch) (12 June 2024)
Wright & Ors v Chappell & Ors [2024] EWHC 1417 (Ch) (11 June 2024)
Hyde & Ors v Todd [2024] EWHC 1423 (Ch) (11 June 2024)
High Court (Commercial Court)
Terna Energy Trading DOO v Revolut Ltd [2024] EWHC 1419 (Comm) (12 June 2024)
High Court (Family Division) Decisions
C, Re [2024] EWHC 1433 (Fam) (12 June 2024)
ZZ v AA [2024] EWHC 1411 (Fam) (06 June 2024)
High Court (Patents Court)
Biontech SE & Anor v Curevac SE [2024] EWHC 1408 (Pat) (07 June 2024)
Samsung Bioepis UK Ltd v Alexion Pharmaceuticals, Inc [2024] EWHC 1407 (Pat) (06 June 2024)
High Court (King’s Bench Division) Decisions
BRS v Gadd [2024] EWHC 1403 (KB) (11 June 2024)
Doughty v Kazmierski [2024] EWHC 1393 (KB) (10 June 2024)
Source: www.bailii.org
‘This case was recently approved following a joint settlement meeting where the terms of settlement were that the Claimant (C), a protected party, was to be compensated by the payment of the lump sum of £4.5 million. The date of accident was in 2005. C met with her accident as the infant back seat passenger restrained in a child seat, when a car driven by her father was involved in a collision with a lorry. C’s father was severely brain injured in the accident. C at the time was only 15 months old, she was born in 2004, she is now 20 years old. Proceedings were issued in March 2013.’
Exchange Chambers, 31st May 2024
Source: www.exchangechambers.co.uk
‘A man who sold goods in the streets of Birmingham did not break the law as he was protected under an 1871 act by being a pedlar, the High Court has found.’
Local Government Lawyer, 12th June 2024
Source: www.localgovernmentlawyer.co.uk
‘A cyclist who seriously injured a pedestrian after crashing into her “at great speed” on a footpath has been jailed for eight months.’
BBC News, 12th June 2024
Source: www.bbc.co.uk
‘It was only a few months ago that the Upper Tribunal handed down the decision in Kay v Cunningham [2023] UKUT 251 (LC). In that case (in which the writer appeared for the successful applicant) the Tribunal established a number of novel points in relation to modification and discharge of restrictive covenants under s.84 of the Law of Property Act 1925 (see the Brew on this here). On 8 May 2024, a differently constituted panel gave a decision in Medley v Mackenzie and others [2024] UKUT 112 (LC), which provides further guidance as to the Upper Tribunal’s approach to the discretion stage in s.84 applications.’
Gatehouse Chambers, 28th May 2024
Source: gatehouselaw.co.uk
‘The High Court has rejected a legal challenge brought by a group of parents on behalf of their children against a decision by the Mayor of London to extend his Universal Free School Meals scheme for the academic year 2024-2025, but to continue to confine the scheme to state-funded primary schools.’
Local Government Lawyer, 12th June 2024
Source: www.localgovernmentlawyer.co.uk
‘Joseph Steadman of Wilberforce Chambers considers McHale v Dunlop, a recent claim for negligence and breach of fiduciary duty, arising from the loss of pension assets transferred into a SSAS and invested in an overseas investment scheme.’
Pensions Barrister, 13th June 2024
Source: www.pensionsbarrister.com
‘Last month, the Sentencing Council made changes to the Sentencing Guidelines. In particular, there were substantial modifications to the “Mitigating Factors” to be considered by sentencers. This article hopes to provide a digest of some significant alterations and question how they may work in practice.’
Guildhall Chambers, 29th May 2024
Source: www.guildhallchambers.co.uk
‘A contractual notice of claim for breach of warranty under an SPA set out a legally flawed measure of loss. The Particulars of Claim follow suit. Can the Particulars then be amended to plead the correct measure? Or is the deficient notice fatal to the whole claim?’
Littleton Chambers, 24th May 2024
Source: littletonchambers.com
‘Mr Chohan and Mr Ved knew each other from childhood. From 2008 Mr Ved ran his accountancy business, Sterling Associates, from part of the premises comprising 5TC pursuant to a series of licence agreements with the then tenant of 5TC, Eutopia Ltd (“Eutopia”).’
Gatehouse Chambers, 28th May 2024
Source: gatehouselaw.co.uk
‘Laura Tweedy and Gemma de Cordova, together with Oskar Musial and Helena Davies of Brabners Solicitors, consider the circumstances of a recently reported High Court decision (AIUL v Alex Wainwright and Persons Unknown [2023] 5 WLUK 613) granting a quia timet interim injunction against “urban explorers” who trespassed on an abandoned seminary building near Manchester.’
Gatehouse Chambers, May 29th 2024
Source: gatehouselaw.co.uk
‘Inadequate diagnosis and treatment of Frazer Williams’ mental health condition was among the probable causes of the 28-year-old’s death at HMP Guy’s Marsh, a jury unanimously found.’
Garden Court Chambers, 23rd May 2024
Source: www.gardencourtchambers.co.uk
‘In Landmark Space Limited v Chilambe [2024] EWHC 987 (KB), the High Court considered the circumstances in which applicants would be given permission to pursue contempt proceedings, and commit respondents to prison, for knowingly making false statements in an affidavit.’
Henderson Chambers, 2nd May 2024
Source: www.hendersonchambers.co.uk
‘Runnymede Trust analysis of new Home Office strip search data shows that Black people are disproportionately strip searched by nearly all police forces in England and Wales. Black children are 6.5 times more likely than white children, and Black adults 4.7 times more likely than white adults, to be strip searched by police.’
Runnymede Trust, June 2024
Source: cdn.prod.website-files.com
‘The FTT has now handed down its first decision regarding the proper construction of the carried interest provisions at Part III, Ch 5 of the Taxation of Chargeable Gains Act 1992 (TCGA 1992) and the transitional/grandfathering provision at s. 43 (2) Finance (No.2) Act 2015.’
Devereux Chambers, 13th May 2024
Source: www.devereuxchambers.co.uk
‘In catastrophic injury litigation, there is often no dispute about “disability”. However, for the category claimants who sustain life changing injuries but are able to return to work in some form, a key issue in the claim is likely to be whether they are “disabled” for the purposes of an Ogden calculation of future earning capacity.’
Exchange Chambers, 20th May 2024
Source: www.exchangechambers.co.uk
‘Child maintenance refers to the financial support which is made by a parent towards a child’s living costs and expenses after the parents separate. It is usually an amount which is paid to the resident parent who cares for the child most of the time.’
Becket Chambers, 9th May 2024
Source: becket-chambers.co.uk
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