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Case review 07/23/2021
The Court of Protection held that Ms A’s wish for a natural birth was not in her best interests and due to an impairment or disturbance of her mind, she lacked capacity to weigh up the risks of a natural delivery against an elective caesarean section.
Article 07/23/2021
In this article, we consider the definition of Functional Neurological Disorder, how it is treated and what such a diagnosis means for personal injury claims handling.
Case review 07/23/2021
We previously considered this case in 2019, when the Court of Appeal found that liquidated and ascertained damages (LADs) could not apply to work that had never been completed, and would only apply to work that is accepted after a delay. Work that never completed was only to be assessed according to the usual principles of damages – and not the contractual mechanism for LADs.
Case review 07/22/2021
In the case of Chouza v Martins & Ors [22.06.21] the High Court was asked to examine a number of principles in a fatal accident claim.
Article 07/21/2021
In our briefing in May 2021, we advised that Lloyd’s had announced that it was considering whether to close its Salvage Arbitration Branch (LSAB) and thereby leave the future administration of its Standard Form Salvage Agreement and the ultimate survival of the Lloyd’s Open Form (LOF) in the balance.
Article 07/21/2021
In this briefing, we consider some recent decisions addressing issues including jurisdiction disputes following wrongful arrest, conflict of terms within a sales contract, forum shopping to attempt to avoid the limits agreed in security provided, and implied terms within a charterparty.
Article 07/21/2021
Homeowners may soon have up to 15 years in which to bring certain actions against builders and developers.
Article 07/19/2021
Today, stage four of the UK Government’s roadmap has been reached, resulting in all legal restrictions and requirements to socially distance coming to an end.
Blog 07/19/2021
Since the beginning of insurance, fraud has existed. Paul Miller, a History Ambassador at the Insurance Museum joined us for a webinar recently. He took us on a journey through insurance history, by sharing some of the fraud stories held in their archives. Here we share some of the cases and consider what lessons can be learned as the problem of fraud constantly evolves…
Case review 07/14/2021
In Enemalta Plc v The Standard Club Asia Ltd, the High Court had to address its jurisdiction in respect of security which had been provided.
