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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

Construction Law Conference October 2017

Paul Reed QC has been asked to speak at Thomson Reuters’ Construction Law on 3rd October 2017. He will be looking at payment disputes under construction projects. The Thomson Reuters website has further details.

Ilott v Mitson: The Lessons & Unanswered Questions

The long-awaited decision in the Ilott v Mitson case was finally handed down by the Supreme Court on 15 March 2017. In this seminar, Brie Stevens-Hoare QC and Edward Rowntree will discuss the unanswered questions and practical implications of the case.

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.