CN v Poole Borough Council: Application for Permission to Appeal
The claimants have applied to the Supreme Court for permission to appeal against the decision of the Court of Appeal. A detailed note on the Court of Appeal’s decision is available here. The defendant’s solicitors have been told by the Supreme Court Registry that the application for permission will be placed before the justices for their...
Enforcement of Adjudication Awards in Relation to Oral Construction Contracts. How Hard Can It Be?
Maurice Rifat comments on his recent success in the TCC in the case of Dacy Building Services Ltd v IDM Properties LLP  EWHC 178 (TCC).
This was the third Act in the saga that is Dacy Building Services v IDM Properties LLP.
On 6th February 2018 the Judgment of Fraser J in the TCC was handed down in the which he upheld the adjudication award (Act 1) in favour...
Francesca O’Neill successful in £5.5 million High Court strike out
Following on from Chambers’ success in the authoritative CN v Poole case, Francesca O'Neill was successful in persuading the High Court to uphold Master Eastman’s order to strike out this claim for damages of £5.5 million resulting from alleged breaches of the Human Rights Act. Master Eastman had held that the proceedings were an abuse of process and...
Kimathi v Foreign Commonwealth Office Queen's Bench Division,  EWHC 3379 (QB)
On 20 December Stewart J handed down a significant judgment on Parliamentary privilege in the on-going Kenyan Emergency Group Litigation: claims arising out of the “Mau Mau” insurgency between 1952 to 1960. The judge accepted the Defendant’s contentions that the test claimants could not rely on Hansard to prove that facts mentioned by a Member of...
CN v Poole Borough Council - Briefing Note on the Decision of the Court of Appeal
CN v Poole Borough Council
Briefing Note on the Decision of the Court of Appeal
On December 21st 2017, the Court of Appeal handed down its judgment in CN v Poole Borough Council. This briefing note explains this decision, which is of importance to all those involved in litigating claims in negligence against local social services authorities, and considers its...
Hughes Holland v BPE Solicitors  UKSC 21
This was an appeal concerning the correct approach to damages where a client incurred loss in a transaction that, but for his advisor’s negligence he would not have entered into, but as a result of risks which it was no part of the advisor’s duty to protect against.
Mr Little approached Mr Gabriel asking for a loan of £200,000 (“the...
Construction Negligence: an overview of 2017
The end of the year lends itself to a time of reflection, and similarly to case-law reviews. As I pick which professional – from social workers to solicitors – to focus upon, I return to that reliable source of litigation: Construction. 2017 has been another year which illustrated that there is still uncertainty in this field/minefield but, perhaps...
A point of principle: the Supreme Court clarifies the "but for" test
Tiuta International Limited (in liquidation) (Respondent) v De Villiers Surveyors Limited (Appellant)  UKSC 77
- In a tightly drawn 15 paragraph judgment, delivered last week, Lord Sumption overturned the decision of Moore Bick LJ in the Court of Appeal, and restored the first instance decision of Timothy Fancourt QC, sitting as a Deputy High Court judge. The...
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