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Read with "interest" - Part 36 offers

Published on 04 Aug 2016.

In many cases it will be easy to determine whether a claimant has beaten their Part 36 offer and accordingly whether they are entitled to the additional benefits provided for under CPR 36.17(4). Sometimes, however, because of the interest accruing on damages between the date of the Part 36 offer and the judgment date, the judgment sum only exceeds the Part 36 offer by a small amount. If this happens, what are the consequences?

Winning the battle but losing the war

Published on 22 Jul 2016.

We have previously commented on the need for claimants to establish all elements of a claim (duty, breach, causation and loss) if they want to achieve more than a Pyrrhic victory. The case of Mortgage Express v Countrywide Surveyors Limited provides another example of this, but with a slightly different twist.

Tiuta International Ltd (in liquidation) v De Villiers Surveyors

Published on 06 Jul 2016.

The Court of Appeal recently overturned a first instance decision in an application for summary judgment in the matter of Tiuta International Ltd (in liquidation) v De Villiers Surveyors Ltd [2006] EWCA Civ 661

Costs - issue at your peril

Published on 12 May 2016.

A recent decision re-emphasises the costs risks a claimant faces if it issues proceedings but does not serve them.

Insurers liable to pay damages to insureds for late claims payment

Published on 12 May 2016.

For insurance policies entered into after 4 May 2017, insurers could be liable to policyholders for late payment of claims. It will be an automatically implied term of the policy that sums due from insurers must be paid within a reasonable time.

Accountants’ update

Published on 22 Mar 2016.

Welcome to RPC’s 2016 accountants’ bulletin. The aim of the bulletin is to review a number of key developments from 2015, and to give an insight on some of the current “hot topics” in this area.

Multiple adjudications - how many adjudicators?

Published on 11 Mar 2016.

Obtain consent or use different adjudicators

Group litigation in medical and life sciences

Published on 07 Mar 2016.

Dorothy Flower talks about the impact of the "nocebo" effect on group litigation in the UK.

Supreme Court hurts employers on vicarious liability

Published on 07 Mar 2016.

Cox v Ministry of Justice (2016) and AM Mohamud v WM Morrison Supermarkets plc (2016)

Clarifying block notification feels ripples

Published on 03 Mar 2016.

Judgment in this case was handed down at the beginning of February 2016.

The Insurance Act – what are the five biggest changes to the current law?

Published on 01 Mar 2016.

James Wickes – a partner in our Insurance Group – tells us why it's very much in vogue to be an insurance lawyer these days.

Health and safety law update

Published on 01 Mar 2016.

HSE to prosecute Merlin Attractions Operation Ltd over Alton Towers “Smiler” incident

Take priority but be reasonable

Published on 17 Feb 2016.

On 20 January 2016, Mr Justice Edwards-Stuart handed down his judgment on preliminary issues in Commercial Management (Investments) Limited v (1) Mitchell Design and Construct Limited, and (2) Regorco Limited1

Adjudication - RMP Construction Services Ltd v Chalcroft Ltd

Published on 04 Feb 2016.

On 21 December 2015, Stuart-Smith J handed down his decision in RMP Construction Services Ltd v Chalcroft Ltd1 , an action for summary judgment in the Technology and Construction Court to enforce an Adjudicator’s decision.

Do receivers owe duties to bankrupt mortgagors?

Published on 27 Jan 2016.

The Court of Appeal has recently considered whether an LPA Receiver owes a duty of care to a bankrupt mortgagor in connection with the way the Receiver deals with the mortgaged property. In a decision which will be welcomed by Receivers and their insurers, the court decided that a Receiver owes no such duties.

UK flooding: the aftermath

Published on 26 Jan 2016.

As the flood waters subside and residents, businesses, insurers and public bodies survey the damage and pick up the pieces, thoughts will turn to what, if anything, could have been done differently to have prevented or minimised the damage caused.

Love thy neighbour but don't give them any advice!

Published on 22 Jan 2016.

The first TCC judgment of the year, Burgess & Burgess vs Lejonvarn [2016] EWHC 40 (TCC), is of particular interest to both architects and their insurers, as it discusses and distinguishes between a contractual relationship and one that gives rise to an assumption of responsibility in tort.

Annual Insurance Review 2015

Published on 08 Jan 2016.

There are no prizes for guessing the likely main insurance law event of 2016. The Insurance Act 2015 will come into force on 12 August 2016.

Cyber fraud - a new hope?

Published on 23 Nov 2015.

We have previously warned of the threat posed by fraudsters who are targeting solicitors’ client accounts to misappropriate funds (read our blog last February here).

New sentencing guideline for health and safety offences

Published on 13 Nov 2015.

In November 2014, the Sentencing Council began consulting on a draft guideline for health and safety offences, corporate manslaughter, and breach of food safety and hygiene regulations.

Is time up for claims against valuers?

Published on 29 Sep 2015.

Assessing the point at which a cause of action accrues in a claim against a valuer is a difficult task, not least because of the lack of judicial guidance on the issue.

General liability update

Published on 28 Sep 2015.

Defending a claim for breach of Occupiers’ duty – A bridge too far?

Insurance Act 2015

Published on 23 Sep 2015.

Amendment to include Law Commission’s proposals on damages for late payment of claims

VW emissions rigging scandal- Insurance exposure

Published on 23 Sep 2015.

Insurance exposures

Tianjin explosions leave insurers exposed to claims

Published on 21 Aug 2015.

On 12 August 2015, multiple explosions occurred in the Chinese city of Tianjin, a major industrial port and goods gateway to Beijing.

Play nicely, children

Published on 17 Jul 2015.

Litigation is, by its very nature, an adversarial process. But as the court has made clear in the case of Simon Gotch & Susan Linda Gotch v Enelco Limited , litigants should also co-operate, to ensure the swift and cost-effective resolution of their disputes.

Milton Furniture and Brit- clarifying attendance

Published on 13 Jul 2015.

Milton Furniture Limited v Brit Insurance

Getting to Level 2

Published on 03 Jun 2015.

What insurers should look out for in BIM project management

Flood Re and the impact on surveyors and valuers

Published on 02 Jun 2015.

The catastrophic impact that flooding can have on property owners has been seen all over the news for the past decade. In particular, 2012 saw some of the wettest weather for a century and left thousands of households struggling to find insurance cover for their properties.

Products update

Published on 27 May 2015.

News

Beyond night and day: Importance of causation

Published on 27 May 2015.

In order to succeed in a claim for professional negligence, a claimant must establish that the professional owed him a relevant duty of care, that they breached that duty and that the breach caused the loss he seeks to recover.

Mesothelioma recoveries

Published on 26 May 2015.

Balancing the anomalies

Financial Services: Minimising Risk in a Dawn of Opportunity

Published on 12 Nov 2014. By Simon Laird, Global Head of Insurance

Over the last few years, firms have been asking themselves how they will make money in the post RDR world.

Rise with RPC

FIG – The inclusive insurance network

The PCR's "heavy responsibility": CAT Judgment in Riefa v Apple and Amazon emphasizes the high standards expected of a PCR

Published on 27 Feb 2025. By Chris Ross, Partner and Jessica Davies, Associate

The Competition Appeal Tribunal (the Tribunal) recently handed down an important judgment, refusing to certify the proposed collective proceedings in Christine Riefa Class Representative v Apple Inc. & Amazon.com, Inc. After two certification hearings, the Tribunal was not satisfied that it would be just and reasonable for the Proposed Class Representative (the PCR) to bring the proceedings following concerns relating to Professor Riefa's understanding of the PCR's funding arrangements. The judgment reiterates the strict requirements and high standards expected of a PCR.

Good reason or not? Court of Appeal clarifies rule on non-party access to court documents

Published on 28 Jan 2025. By Ana Margetts, Associate (New Zealand qualified) and Jake Hardy, Partner

The Court of Appeal has confirmed that a non-party does not have a right of access to documents on the court record by default (Derek Moss v The Upper Tribunal). Rather, the non-party must articulate a "good reason" for wishing to obtain the documents, by reference to the principle of open justice, explained in this blog.

Protecting commercial secrets: High Court allows redaction of documents for non-party access under CPR 5.4C

Published on 28 Jan 2025. By Camila Arias Buritica, Associate and Jake Hardy, Partner

In WH Holding Ltd v E20 Stadium LLP [2024] EWHC 817 (Comm), the High Court examined the rights of non-parties to obtain copies of statements of case under CPR 5.4C. It decided that the appropriate balance between the interests of individuals and the public interest in the maintenance of open justice could be struck by the redaction of the monetary sums from the claim form should a non-party obtain a copy of the statement of case.

ISDA Master Agreements

Published on 13 Jan 2025. By Jake Hardy, Partner and Simon Hart, Partner, Head of Commercial Disputes

Banking litigation partners Simon Hart and Jake Hardy discuss the world of ISDA Master Agreements, close out mechanics and a rather opaque investment bank wheeze involving counter hedging strategies, which counterparties miss at their financial peril.

Exclusive means exclusive: High Court decides that English courts have jurisdiction in Italian swaps dispute

Published on 03 Dec 2024. By Simon Hart, Partner, Head of Commercial Disputes and Tim Potts, Senior Associate

High Court implies contractual terms following LIBOR cessation

Published on 20 Nov 2024. By Daniel Hemming, Partner and Gill O'Regan, Senior Associate

The High Court has implied a term into a contract to the effect that where the contract specifies a calculation should be carried out by reference to LIBOR, where LIBOR is no longer published a reasonable alternative should be used.

D'Aloia – High Noon for Crypto-Tracing

Published on 17 Oct 2024. By Dan Wyatt, Partner and Christopher Whitehouse, Senior Associate

The High Court judgment in D'Aloia v. Persons Unknown and others [2024] EWHC 2342 (Ch) is arguably the most significant crypto judgment of 2024. Critical deficiencies in the claimant's blockchain tracing analysis, evidence presented at trial and pleadings were ultimately fatal to his claims seeking to recover assets misappropriated by fraudsters.

Banking and Financial Markets Litigation Update - Summer 2024

Published on 29 Jul 2024. By Carolin Ayres, Associate and Jonathan Cary, Partner and Jessica Davies, Associate and Olivia Dhein, Knowledge Lawyer and Jake Hardy, Partner and Simon Hart, Partner, Head of Commercial Disputes and Charlotte Henschen (née Ducker), Partner and Tom Hibbert, Partner and Tim Potts, Senior Associate and Chris Ross, Partner and Christopher Wheatley , Senior Associate and Alan Williams, Partner

This update is brought to you by RPC’s top tier banking and financial markets disputes practice in London, with specialists in all areas of financial markets litigation (and arbitration) and a wealth of expertise including frequent involvement in the most complex, high-value, and high-profile disputes in the sphere. Here, we take a look at some of the most important judgments in recent months.

CAT Collective Proceedings - Summer 2024 update

Published on 24 Jul 2024. By Chris Ross, Partner and David Cran, Partner, Head of IP & Tech and Zoe Mernick-Levene, Partner

Developments in the UK’s competition collective proceedings regime continue apace with new claims recently issued in the Competition Appeal Tribunal (CAT).

No objection: When is a party barred from challenging jurisdiction where it continues in the arbitration?

Published on 22 Jul 2024. By Tatiana Minaeva, Partner and Head of Investor-State Arbitration and Fred Kuchlin, Senior Associate

The High Court has provided invaluable guidance on the factors that it will consider when determining when a party is barred from challenging jurisdiction under s. 67 of the Arbitration Act 1996 (the Act) by failing to raise an objection while continuing to take part in the arbitration.

Crypto damages quantification: valuation at the date of breach or date of judgment?

Published on 10 Jul 2024. By Dan Wyatt, Partner and Christopher Whitehouse, Senior Associate

In Southgate v. Graham [2024] EWHC 1692 (Ch), the High Court addressed an appeal from the County Court concerning inter alia the appropriate date for assessing damages in a cryptocurrency loan dispute. Initially, the County Court determined that the damages should be based on the cryptocurrency's fiat value at the breach date. Due to the volatility of the cryptocurrency, this decision would have resulted in significantly lower fiat damages award than if the valuation were based on a later date. The High Court allowed the valuation date part of the appeal, directing a further hearing to establish the appropriate date.

New digital markets regime guidance published for consultation

Published on 28 Jun 2024. By Tom McQuail, Partner and David Cran, Partner, Head of IP & Tech and Melanie Musgrave, Of Counsel and Ben Powell, Associate

The Digital Markets, Competition and Consumers Act 2024 received Royal Assent on 24 May 2024. This article considers who will be impacted by the new digital markets regime, the requirements it will introduce, and how it may be enforced, and summarises the CMA’s new draft guidance under consultation on how it intends to implement the regime in practice.

The Digital Markets, Competition and Consumers Act – the Competition Perspective

Published on 28 Jun 2024. By Tom McQuail, Partner and Chris Ross, Partner and Melanie Musgrave, Of Counsel

This article considers the key changes to general competition law under the Digital Markets, Competition and Consumers Act which received Royal Assent on 24 May 2024 and is expected to enter into force in the Autumn.