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Insights Archive

These documents are from our archive and no action should be taken in reliance on it without specific legal advice.

Events

Hardwicke Adjudication Day 2018

This day-long seminar provides an opportunity to hear from some of the country’s leading construction barristers on all the latest developments and hot topics in Adjudication. Not sure about whether to take a jurisdictional point? Confused by the recent spate of decisions on the payment process? Worried about contractor insolvency? Join the Hardwicke team to explore these and other issues. Suitable for all levels of expertise, from the Adjudication novice to the hardened veteran; whether contractor, developer, lawyer or adjudicator.

Preservation & Collection of Electronic Documents

The foundation of any successful e-disclosure exercise is the ability to identify, locate and collect data in a cost-effective and appropriate way. In this seminar, Michael Wheater and Wayne Micklethwaite will review the law revolving around the identification and collection of data and also examine the practicalities and challenges of collecting data in the modern environment.

Articles

Constructive trusts and illegal purposes - Part two

This is the second of two articles discussing the Court of Appeal judgment in O’Kelly v Davies [2014] EWCA Civ 1606. In this article, Jack Dillon focuses on the lessons practitioners can take from the case.

Deregulation Act and Charalambous v Ng

The Government was able to amend the Deregulation Bill and to clarify the situation surrounding tenancy deposits following the Charalambous v Ng decision in December 2014. Morayo Fagborun Bennett who with Brie Stevens-Hoare QC represented Mrs Ng, provides an outline.

Taking a look at secondary victim claims 'de Novo'

The period since December 2014 has produced a quartet of new cases considered by Charles Bagot. This article looks at some recent secondary victim cases to see what we can learn from first instance Judges applying the principles post Taylor v Novo.

Case Reports

LW v Norfolk County Council (SEN) [2015] UKUT 0065 (AAC)

John Friel has been successful in an appeal to the Upper Tribunal in LW v Norfolk County Council (SEN) [2015] UKUT 0065 (AAC) regarding the proper application of the powers of the First Tier Tribunal set out in section 9 of the Tribunals Courts and Enforcement Act 2007.

CIP Properties (AIPT) Ltd v Galliford Try Infrastructure and others

The TCC has handed down another landmark decision in relation to the new costs management regime, this time dealing with the “front-loading” of costs and the question of inappropriate caveats and assumptions in costs budgets. Michael Wheater appeared for the Third Party, EIC Limited.

Startwell Limited v (1) Energie Global Brand Management Limited and others

On 23 February 2015, Mr Justice Warby handed down judgment granting the Defendants’ application for strike out/summary judgment following a day-long hearing of various applications in the case. The main issue was whether it was permissible to plead deceit in the Reply to Defence when the Particulars of Claim were advanced on the footing of negligence. David Lewis, who represented the defendants, provides a summary.