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Costs - issue at your peril
A recent decision re-emphasises the costs risks a claimant faces if it issues proceedings but does not serve them.
Read moreInsurers liable to pay damages to insureds for late claims payment
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.
Read moreAccountants’ update
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.
Read moreMultiple adjudications - how many adjudicators?
Obtain consent or use different adjudicators
Read moreSupreme Court hurts employers on vicarious liability
Cox v Ministry of Justice (2016) and AM Mohamud v WM Morrison Supermarkets plc (2016)
Read moreClarifying block notification feels ripples
Judgment in this case was handed down at the beginning of February 2016.
Read moreHealth and safety law update
HSE to prosecute Merlin Attractions Operation Ltd over Alton Towers “Smiler” incident
Read moreTake priority but be reasonable
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
Read moreAdjudication - RMP Construction Services Ltd v Chalcroft Ltd
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.
Read moreDo receivers owe duties to bankrupt mortgagors?
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.
Read moreUK flooding: the aftermath
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.
Read moreLove thy neighbour but don't give them any advice!
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.
Read moreAnnual Insurance Review 2015
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.
Read moreCyber fraud - a new hope?
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).
Read moreNew sentencing guideline for health and safety offences
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.
Read moreIs time up for claims against valuers?
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.
Read moreGeneral liability update
Defending a claim for breach of Occupiers’ duty – A bridge too far?
Read moreInsurance Act 2015
Amendment to include Law Commission’s proposals on damages for late payment of claims
Read moreVW emissions rigging scandal- Insurance exposure
Insurance exposures
Read moreTianjin explosions leave insurers exposed to claims
On 12 August 2015, multiple explosions occurred in the Chinese city of Tianjin, a major industrial port and goods gateway to Beijing.
Read morePlay nicely, children
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.
Read moreMilton Furniture and Brit- clarifying attendance
Milton Furniture Limited v Brit Insurance
Read moreGetting to Level 2
What insurers should look out for in BIM project management
Read moreFlood Re and the impact on surveyors and valuers
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.
Read moreBeyond night and day: Importance of causation
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.
Read moreCRE funds – targets for future litigation
There was a wave of negative press about commercial real estate funds during the course of 2023. The higher interest rate environment and the pandemic’s economic and social legacy has stressed the sector. This was reflected in suspensions of redemptions by funds including BlackRock UK Property Fund and Blackstone’s (US) Blackstone Real Estate Income Trust, and the closure of the M&G Property Portfolio fund. Asset valuation concerns are leading to many CRE funds trading at a significant discount to their net asset value. Shortsellers are circling – see for instance, Muddy Waters’ disclosure of a large short position on the Blackstone Mortgage Trust.
Read moreCourt of Appeal orders solicitor be struck off for serious breaches of accounts rules
In an important judgment in Law Society of Hong Kong v A Solicitor, the Court of Appeal set aside an order that a solicitor be suspended from practice for 24 months and substituted it with an order that he be struck off from the roll of solicitors.
Read moreBanking and Financial Litigation Markets Update - Spring 2023
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.
Read moreHong Kong – At a glance: major changes to cross-border enforcement of judgments in Hong Kong and mainland China
The highly anticipated Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (the Ordinance) is set to take effect in mid-2023. Once the Ordinance is in place, applicants will be able to enforce a broader range of mainland judgments in Hong Kong by way of a registration procedure and vice versa in relation to Hong Kong judgments in mainland China.
Read moreBanking and financial litigation markets update - Summer 2022
In this overview we look at some of the most important judgments in recent months in the area of banking and financial markets litigation.
Read moreAll is not (necessarily) lost: Crypto crime recovery
With over 2 million people in the UK now holding and using cryptocurrency, and the Chancellor announcing that a government backed non-fungible token ("NFT") is to be issued by the Royal Mint this summer, the market for crypto-assets is expected to continue to grow in the coming months and years; so much so that legislation is planned to implement a new regulatory regime for the crypto market.
Read moreDisputes Yearbook 2022: Retail and Restructuring
As part of the acclaimed Disputes Yearbook, Legal Business interviewed members of our disputes team exploring the litigation landscape and what RPC brings to the table.
Read moreDisputes Yearbook 2022: Civil Fraud
As part of the acclaimed Disputes Yearbook, Legal Business interviewed members of our disputes team exploring the litigation landscape and what RPC brings to the table.
Read moreDisputes Yearbook 2022: Banking Litigation
As part of the acclaimed Disputes Yearbook, Legal Business interviewed members of our disputes team exploring the litigation landscape and what RPC brings to the table.
Read moreDisputes Yearbook 2022: Technology disputes
As part of the acclaimed Disputes Yearbook, Legal Business interviewed members of our disputes team exploring the litigation landscape and what RPC brings to the table.
Read moreHigh Court reviews permission for expert reports and delay after general adjourned period
In Redland Precast Concrete Products (China) Ltd v AES Steel Mould (Hong Kong) Ltd1 the Court of Appeal emphasised that it is unlikely to interfere with the exercise of a first instance court’s case management discretion regarding directions for expert reports, unless an applicant can show that the lower court’s decision is plainly wrong. This presents a party seeking to challenge such directions with a high threshold to overcome in order to obtain permission to appeal. In this case, the applicant (the plaintiff) was unable to meet the threshold – therefore, its application for permission to appeal was refused by the court. Had the plaintiff acted more expeditiously, immediately after the general adjourned period (when the courts were generally closed between January and May 2020 because of the pandemic), things may have turned out differently.
Read moreWitnesses overseas and preparations for trial during a pandemic
A couple of recent High Court decisions demonstrate some of the issues that arise when a party applies for one or more of their witnesses to give evidence at trial by video conferencing facilities, or seeks an adjournment of a trial, because a witness is overseas and experiencing difficulties in returning to Hong Kong in time for a trial date given the COVID-19 pandemic. In such circumstances, the courts’ ultimate priority is the administration of justice, which involves (among other things) balancing the parties’ competing interests while exercising their case management powers. A trial date (a “milestone date”) is generally sacrosanct and live evidence in person at trial is the norm.
Read moreDisputes Yearbook 2021: Civil Fraud
As part of the acclaimed Disputes Yearbook, Legal Business interviewed members of our disputes team exploring the litigation landscape and what RPC brings to the table.
Read moreDisputes Yearbook 2021: Financial disputes
As part of the acclaimed Disputes Yearbook, Legal Business interviewed members of our disputes team exploring the litigation landscape and what RPC brings to the table.
Read moreDisputes Yearbook 2021: Financial disputes
As part of the acclaimed Disputes Yearbook, Legal Business interviewed members of our disputes team exploring the litigation landscape and what RPC brings to the table.
Read moreCourt reviews witness’s reluctance to travel to Hong Kong because of COVID-19
In Standard Chartered Bank (Hong Kong) Ltd v Nie, the Court of Appeal refused the defendant (who resides outside Hong Kong) permission to appeal a trial judge’s decision not to allow her to give evidence by videoconferencing facilities (VCF) at trial. Apparently, the defendant had been reluctant to travel to Hong Kong from Beijing (where she resides) to attend the trial because of concerns about the COVID-19 public health pandemic. Both the trial judge and the Court of Appeal appear to have been unimpressed by the defendant’s application. Giving witness evidence by VCF during a trial in civil proceedings is not the norm (even during a pandemic). A party looking to rely on such evidence needs to act promptly to obtain the court’s permission and provide good reasons for doing so supported by credible evidence.
Read moreDisputes Yearbook 2021: Retail disputes
As part of the acclaimed Disputes Yearbook, Legal Business interviewed members of our disputes team exploring the litigation landscape and what RPC brings to the table.
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