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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...

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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 [2018] 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...

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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...

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Kimathi v Foreign Commonwealth Office Queen's Bench Division, [2017] 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...

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