Archive for the ‘Case Reports’ Category

Insurance Law: Starlight Shipping v Allianz Marine & Aviation (Comm) 19/12/11

The terms of a settlement agreement in a Tomlin order could be enforced without lifting the stay and without the need to issue fresh proceedings. The decision of the Court of Appeal in Hollingsworth v Humphrey did not address declarations, specific performance or damages other than under contract. Whether its impact was limited to the [...]

February 17, 2012   Posted in: Case Reports  No Comments

Financial Services Law: Interim Injunctions and Freezing Orders – 21/12/11

The FSA published a press release announcing it had secured interim injunctions and freezing orders at the High Court against nine firms, including St Clair Estates Ltd, OFG Investments Ltd, Option Land UK Ltd, and GIG Properties Ltd. The injunctions prohibit the firms from selling plots of land on a specific site at Winkleigh Airfield [...]

February 16, 2012   Posted in: Case Reports  No Comments

Insurance Law: Teal Ass. Co. Limited v W.R.Berkley Ins. (Europe) Limited & Anr (CA) 15/12/11

The Black and Veatch insurance programme consisted of a tower of insurance contracts providing it with worldwide cover for any one claim (and in annual aggregate) of US$60 million in excess of the deductible and self insured retention. The first layer was written by Lexington Insurance. Above this were three further layers of excess of [...]

February 10, 2012   Posted in: Case Reports  No Comments

Construction Law: Leander Construction v Mulalley and Co Ltd [2011] EWHC 3449 (TCC)

This case concerned whether a sub-contract allowed the main contractor (Mulalley) to claim from the sub-contractor (Leander) if the sub-contractor’s actions interfered with the progress of the main contract works. Mulalley issued withholding notices for delays by Leander, which Leander challenged in these proceedings. Leander argued that the sub-contract did not contain an express obligation [...]

February 9, 2012   Posted in: Case Reports  No Comments

Employment Law : O’Cathail v Transport for London EAT

The Tribunal should not have refused the Claimant’s application for a second adjournment on the basis of ill-health. Where the Claimant’s presence is needed for a fair hearing, but he is blamelessly unable to attend, the tribunal should usually grant an adjournment. The tribunal is entitled to be satisfied that the inability to attend is [...]

February 3, 2012   Posted in: Case Reports  No Comments

Professional Negligence Law: Chapper v Jackson (Ch) 21/12/11

An application against a trustee in bankruptcy that he pay ВЈ200,000 to the estate as loss alleged to have been occasioned by the sale of a property at an undervalue failed. Following proceedings relating to the property the court ordered that it should sold for not less than ВЈ650,000. That was the price at which [...]

February 2, 2012   Posted in: Case Reports  No Comments

IT Law: Astrazeneca UK v IBM [2011] EWHC 306 (TCC)

This case concerned the terms of a ‘Master Services Agreement’, which required the parties to provide various services after termination, until the end of an Exit Period. The parties applied to the court for declarations as to the construction of various terms within the contract, including the term ‘infrastructure’ and ‘associated systems’. The judgment, by [...]

January 27, 2012   Posted in: Case Reports  No Comments

Financial Services Law: FSA v Mahmood, Agha, Anjum and Kumarans Silks Ltd 5/1/12

In separate actions, the FSA issued final notices cancelling registration of a number of businesses as small payment institutions following the failure by Mr Mahmood to comply with regulatory requirements. Share this article:

January 26, 2012   Posted in: Case Reports  No Comments

Insurance Law: Aizkir Navigation Inc v Al Wathba National Insurance Co. PSC (Com) 16/11/11

A clause in a marine insurance policy providing that claims ‘be settled in accordance with English Law and practice and shall be so settled in Abu Dhabi (UAE)’ was an exclusive jurisdiction clause in favour of the Abu Dhabi courts. On the facts there was no overwhelming or very strong reason to displace the jurisdiction [...]

January 20, 2012   Posted in: Case Reports  No Comments

Professional Negligence Law: Squirrell v Bradleys Surveyors Ltd (CC) 25/11/11

A property developer sought a valuation only after contracts had been exchanged on a number of properties. An offer of finance was obtained which was in turn subject to a valuation. The surveyors provided a valuation, but then withdrew it, because they alleged that the developer had inflated the overall purchase price. The developer alleged [...]

January 19, 2012   Posted in: Case Reports  One Comment